Criminal Law H1B stamping but recently arrested with a pending charge

[trusting_naive]

Hi, I am a British citizen and have been offered a job at a bank in the US. They've processed my H1b visa application which has been approved and have sent the papers to me on 15th Dec for me to get H1b stamping at the US consulate in London. I am due to start working in the US on 18 January 2011. My original intention for getting a job in the US was because my partner lived there. However, on 11 Dec 2010, I went to the US to move my things out of my partner's house as I wanted to end my abusive relationship. When I tried to leave the relationship, he attacked me and I defended myself with everything in me as I was petrified (this is the 3rd time he has hit me and the first time I defended myself). I also left and said that I will report it to the police. He said that he will call them first. WHen I finally found a police station in the area and was giving my report, another policeman came to me and arrested me because they received a call from my partner indicating that I assaulted him (he has a sexual assault conviction previously and knows the system). They also arrested him. The judge ordered orders of protection against us both and asked for us to return to court on 14 Feb. I am very worried about whether I will be granted the H1b stamp giving the charge of Assault. Through our lawyers, we both agreed to dismiss the charges against each other but the 'People' of the state of NY decided against it due to it being a Domestic Violence case. However, I understand from my lawyer that the Asst District Attorney is also keen to dismiss but awaiting feedback from the officers involved. I will not withhold the truth from the Consulate but is there anything that I can do to help my case in front of the US consulate. I've read on this forum that there is a something called an ACD. Is that useful ? I can't wait till the 14 Feb as my company expects me to work on 18 Jan and I do not wish to reveal to them what happened. I have no prior arrests, convictions. My record is clean. I am an upstanding, educated citizen who got involved with a bad person. I have tried to ask my lawyer to try to get the case seen the week 20-24 Dec 2010 but it's very difficult as many people are off for holiday.

I have some paperwork which lists the charges of him against me but I only a summary of the police's summary of what I reported about my ex (rather than the official charge). The charges against me are:

Class A Misdemeanour Degree 3

- Assault in the 3rd degree
- Attempted Assault in the 3rd degree
- Menacing in the 3rd degree
- Harrassment in the 2nd degree

I think my ex has been charged with the same.

Would appreciate your advice.

 

[army judge]

You might lose your visa.

All you can do is tell the truth.

The truth isn't complicated or lengthy.

The truth is easily understood.

In the end, an ALJ will make the decision.

Anything I can say would only be a guess, not a guarantee.

 

[trusting_naive]

That's my concern but is there any thing I can show to Immigration? I am not an aggressive person. My ex lied and though I know that they are not a court, I would want to show something that may help my case/visa. Also what's an ALJ

 

[subdeoetlege]

The truth isn't complicated or lengthy.

The truth is easily understood.

I read a few of your answers your Honor, and they are as wise as they are to the point. I have to disagree with the above statements, because the truth is often one of the most complicated things in the world. As Kevin Spacey stated in Midnight in the Garden of Good and Evil, truth, like beauty is in the eye of the beholder.

 

[army judge]

I read a few of your answers your Honor, and they are as wise as they are to the point. I have to disagree with the above statements, because the truth is often one of the most complicated things in the world. As Kevin Spacey stated in Midnight in the Garden of Good and Evil, truth, like beauty is in the eye of the beholder.

Thank you.
I've lied, but found that extricating myself from the lie to be far more complicated than telling the truth.

 

[trusting_naive]

Good News !! on my H1B visa. I filled out the D-160 form and answered truthfully to the question about whether I was arrested or not and gave the details of the case. The next step was to call the Consulate to get an appointment. The procedure was that I had to get a few documents before I was offered an appointment and there was no guarantee that I would get an appointment or the visa due to the arrest and the charges against me. I was asked to get an ACPO (Police report in the UK outlining if I've had any arrests, convictions etc). That was obviously clean. I then had to fill out a form outlining my charges, giving details on the arrest and I also had to include the ACPO. Though not requested, I also sent in character references, work references, copy of offer letter, copy of the charges against my ex and a letter outlining the details of my abusive relationship, indicating that I had evidence, also included a letter from my attorney who indicated that I was innocent, that my ex lied in retaliation for my reporting him. My lawyer also stated that he would forward to the Embassy all documents relating to the case. He also stated that he intended to get the case dismissed against me. After submission of all the documents (scanned and then emailed), I had to await the Consulate decision about whether an appointment will be offered to me. I got a reply via email the following day requesting that I call the Consulate appointment line to schedule an appointment. This I did and received an appointment and interview date.

At the Consulate, I had an interview with an Immigration Officer who asked me about the details of the case and she also asked about my relationship. I told her about the abuse I suffered over the last months etc. I told her that I was never in trouble before (she was really lovely and said that she could see that I had never been in trouble). Also told her about my ex's prior conviction for assault (and provided her with details of his passport, green card petition etc as the US Immigration databases would have details of his conviction). I was quite upset at the interview because it has all been overwhelming. At the end of the interview, she said that I will get the visa and even advised me not to see him and suggested that I don't drop the charges against my ex. A week later, my passport arrived in the post with my H1B visa stamped. I'm very happy and relieved.