I am charged with domestic violence case in california (misdemeanor).
The article is 243(e)1 of the CA penal code. (excerptum is attached at the bottom).
I entered a plea of not guilty and have a scheduled hearing in April.
I am on an F-1 student visa and will be soon applying to optional practical traning and possibly H1B.
I do not have previous convictions.
Two Questions:
1- I am planning foreign travel before my next hearing.
I would like to know if I would incur problems upon my return to the states.
2- what are the immigration consequences of a conviction? what are the immigration consequences of a dismissal?
Thanks
Below is what I am charged with.
242. A battery is any willful and unlawful use of force or violence
upon the person of another.
243 (e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiance, or fiancee, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the
execution or imposition of the sentence is suspended, it shall be a
condition thereof that the defendant participate in, for no less than
one year, and successfully complete, a batterer's treatment program,
as defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However,
this provision shall not be construed as requiring a city, a county,
or a city and county to provide a new program or higher level of
service as contemplated by Section 6 of Article XIIIB of the
California Constitution.
The article is 243(e)1 of the CA penal code. (excerptum is attached at the bottom).
I entered a plea of not guilty and have a scheduled hearing in April.
I am on an F-1 student visa and will be soon applying to optional practical traning and possibly H1B.
I do not have previous convictions.
Two Questions:
1- I am planning foreign travel before my next hearing.
I would like to know if I would incur problems upon my return to the states.
2- what are the immigration consequences of a conviction? what are the immigration consequences of a dismissal?
Thanks
Below is what I am charged with.
242. A battery is any willful and unlawful use of force or violence
upon the person of another.
243 (e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiance, or fiancee, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the
execution or imposition of the sentence is suspended, it shall be a
condition thereof that the defendant participate in, for no less than
one year, and successfully complete, a batterer's treatment program,
as defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However,
this provision shall not be construed as requiring a city, a county,
or a city and county to provide a new program or higher level of
service as contemplated by Section 6 of Article XIIIB of the
California Constitution.
