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Apply for H1B with a Manslaughter 2nd degree charge pending. H Visa

Discussion in 'Investment, Work Visa' started by S2146, Sep 16, 2019.

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  1. S2146

    S2146 Law Topic Starter New Member

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    Hi,
    I was involved in a fatal accident in 2018 and was incorrectly charged for manslaughter 2nd degree for texting. I have been fighting this case and the judge has ruled out various incorrect evidences presented against me. The suppression of these evidences basically will force them to remove/change this charge on me. The case has so far gone well in my favour but now the DA has appealed at the appellate court against the suppression of evidences. It has already been 5 months since the appeal was made but no response has come back.

    Therefore, I’m stuck here and trying to understand the effects of this charge on my H1B application filing. Im sure it makes a huge difference but i would like to know if it makes sense to apply. The application is due in April.

    Is there a way i can prepare documents helping me through this(in the case of dismissal of my case in the future).

    I also read about inadmissibility waiver on the internet. Im not sure if it makes sense in my case.

    I am currently in the states and working on my OPT. I have 2 attempts to file my H1B and since it is a lottery system i would prefer not to miss this chance.

    It was very unfortunate that this accident occurred and went so wrong for both the vehicles and the owners. I wish it never happened.
     
  2. justblue

    justblue Well-Known Member

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    You need an attorney. You need to not post on the internet about this.

    It's always "unfortunate" when an selfish idiot kills people because their need to text out weighs someone else's need to live.
     
    shadowbunny, hrforme and army judge like this.
  3. mightymoose

    mightymoose Moderator

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    Personally, I think it is best to wait until for legal problems are resolved. With something like this pending your application will likely not go anywhere.
     
    hrforme and justblue like this.
  4. army judge

    army judge Super Moderator

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    Crimes of moral turpitude are disqualifies, insofar, as being legally admitted to the USA.

    The lottery of which you type is headed for the garbage dump of US immigration law.

    Thank goodness the silly lottery is dying, otherwise murderers, rapists, terrorists, sedtionists, child molesters, sexual abusers, and spies might be lawfully admitted to the USA.

    As suggested, your time might be better spent working with your lawyer to defend yourself on the current charges.

    May the innocent person killed because a careless, thoughtless, selfish, brute rest in eternal peace.

    May the family of the murder victim receive the comfort they must be seeking because their loved one was slaughtered by a savage, uncaring beast.
     
  5. flyingron

    flyingron Well-Known Member

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    I can absolutely guarantee that your H1B WILL NOT be issued while a felony charge is pending. It matters not what it is for or how groundless you think it is. It can not happen. If you haven't started the process yet, you and your prospective employer had better be talking with an attorney. At the best a decision on your paperwork is going to be put on hold until the charge is dismissed. In some cases, some of the steps involved may "time out" (such as the advertising, caps, etc... ) while you are waiting. At worst, if you are convicted, you can expect an outright denial.

    There is NO waiver of this. They are NOT permitted to make a decision until the charge is resolved. I guarantee if you are convicted of a serious felony, the decision is going to be a denial.

    You need TWO lawyers:

    1. One to deal with this very serious charge. Understand that if it got to the point of being charged as a felony, it's not going to go away with you waiving your arms and stomping your feet. Yes, you very much can be convicted of manslaughter over texting (though the details certainly matter).

    2. One to deal with your immigration problems.
     
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  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Your situation is very unique. There isn't anyone who can give you any assurances, as I'm sure you know. Essentially the best you can do is speak to an experienced immigration attorney to be able to apprise the options you have and the odds of resolution in your favor regarding an H1B visa. As you're in the US right now I think you must realize how competitive and challenging it is to obtain a visa and the approach of erring on the side of caution.

    We also do not know how your criminal case is progressing nor the details of the appeal, which appears to be an evidentiary ruling. As such, an immigration lawyer will be able to obtain all the relevant facts and details and give you a better impression of what to expect.
     

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