QUESTION

What are the consequences of my domestic violence charge on my H1B extension?

Asked on Jan 09th, 2014 on Immigration - California
More details to this question:
Hi. My wife and I recently got into an argument, during which she called the cops. I was arrested for Domestic Violence (Misdemeanor). Now, I am extremely worried by all this. I have H1B extension coming in next 4 months and now getting infraction with 1 year of limited order of protection. Will this affect my H1B extension?
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3 ANSWERS

Domestic violence is one of the crimes that render the perpetrator inadmissible, i.e. ineligible to enter the U.S. on any visa or on a visa waiver. If the person is already in the U.S., a conviction also makes him/her deportable. This result does not change whether one gets convicted of a felony, misdemeanor, or infraction - so long as the conviction is for domestic violence. You need assistance of a criminal defense attorney who knows and understands the immigration law consequences of criminal convictions. Your ability to remain in the U.S. depends on whether it might be possible to change your conviction to one that does not carry as drastic immigration consequences as a domestic violence conviction.
Answered on Jan 14th, 2014 at 6:18 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It can since domestic violence can be a crime of violence and a aggravated felony. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 10th, 2014 at 9:56 PM

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General Practice Attorney serving Edison, NJ at The Law Offices of Peter S. Kollory
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It may, depending on the proceedings of domestic violence outcomes unless it is preventable by avoiding removable consequences.
Answered on Jan 10th, 2014 at 8:01 PM

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