Criminal Law Arrest of Domestic violence and re-enter US

[raincolor]

Hello!
I was arrested one year ago and are processing my H1b application now!
But I got a i797B several days ago, which means that I need to re-enter US after activating my H1B. However, I worry about my visa stamp!

the following is backgroud of my arrest:
I was accused of domestic violence by State shrief. The first time the judge told me to go to counselling. After reviewing the report of counselling, they dismiss my case and I even didn't see the judge again!

My question is :
1. what is the impact on my re-enter US?
2. Can the counselling be viewed as a Pretrial program?
3. how to define my case. is that an arrest record without convinction?

Thank you so much!

 

[muggsyj]

This is not legal Advice!

Hey Raincolor,

Your Quote: "My question is :
1. what is the impact on my re-enter US?"

It is purley down to the immigration officer at the time of entry and we are not mind readers i am afraid. Questions two and Three hold no relevance.


Good luck

 

[mafioso]

Hello!
I was arrested one year ago and are processing my H1b application now!
But I got a i797B several days ago, which means that I need to re-enter US after activating my H1B. However, I worry about my visa stamp!

the following is backgroud of my arrest:
I was accused of domestic violence by State shrief. The first time the judge told me to go to counselling. After reviewing the report of counselling, they dismiss my case and I even didn't see the judge again!


Thank you so much!

My question is :
1. what is the impact on my re-enter US?
Hold all court papers and relevant papers......If it comes you might be required to show it. Talk to an immigration lawyer in your area before leaving.........immigration law changes regularly.
2. Can the counselling be viewed as a Pretrial program?
Yes it is.
3. how to define my case. is that an arrest record without convinction?
No it would be view by immigration as a conviction. But if the maximum jail time is not morethan a year then you would be okay.

 

[raincolor]

Thank you so much!

I had no jail time! But the only relevant paper is a dismiss report. I don't know whether I can get more documents from court office.

 

[mafioso]

If there where no other statements or transcripts then that is all you need. Also get the charging documents which hand what you where accused of...........Get the completion of class document too.