I came to the US four years ago on an H4 visa, my husband being the H1b visa holder. When I filled out the paperwork, I answered no to the question about arrests and convictions.
When I was 17 or 18 (I truly can't remember what year it was) I had had a boyfriend for a couple of years who was physically abusive. The last time he assaulted me, (he was charged with offensive damage - it was a violent attack and bordered on sexual assault) I entered my home immediately after the attack, grabbed a bat belonging to my father and went back out and hit him with it. My father upon hearing the noise, came out, saw me struggling and hit the man.
The man later pressed charges when I would not agree to become his girlfriend again.
I was asked to attend the police station at my convenience, and eventually charged - I can't remember what the charge was specifically, but I can only assume it was actual bodily harm.
When I went to court, the judge read through the notes on the case, said given the two year history of abuse it should not have been brought before the court, but that as it had been, he would be forced to give me an Absolute Discharge. I was told that I would not have to declare this to anyone, that it would in effect go away and that I should go on with my life and put it all behind me which I did.
When I answered no on the question for the H4 paperwork, I thought it was because I was not obliged to, I really didn't give it a second thought. However, I have just recently read when browsing an immigration forum that I am completely wrong, that an Absolute Discharge is still a criminal record, and that according to US law I have lied and could now be in trouble.
The company my husband works for is just following the instructions for PERM and will then file I-140 and I-485.
I am now worried sick about my status and what I should do. This all occured in the late 80's, I never dreamed it would be of any consequence and suddenly it seems that I could be in serious trouble.
What should I do?
When I was 17 or 18 (I truly can't remember what year it was) I had had a boyfriend for a couple of years who was physically abusive. The last time he assaulted me, (he was charged with offensive damage - it was a violent attack and bordered on sexual assault) I entered my home immediately after the attack, grabbed a bat belonging to my father and went back out and hit him with it. My father upon hearing the noise, came out, saw me struggling and hit the man.
The man later pressed charges when I would not agree to become his girlfriend again.
I was asked to attend the police station at my convenience, and eventually charged - I can't remember what the charge was specifically, but I can only assume it was actual bodily harm.
When I went to court, the judge read through the notes on the case, said given the two year history of abuse it should not have been brought before the court, but that as it had been, he would be forced to give me an Absolute Discharge. I was told that I would not have to declare this to anyone, that it would in effect go away and that I should go on with my life and put it all behind me which I did.
When I answered no on the question for the H4 paperwork, I thought it was because I was not obliged to, I really didn't give it a second thought. However, I have just recently read when browsing an immigration forum that I am completely wrong, that an Absolute Discharge is still a criminal record, and that according to US law I have lied and could now be in trouble.
The company my husband works for is just following the instructions for PERM and will then file I-140 and I-485.
I am now worried sick about my status and what I should do. This all occured in the late 80's, I never dreamed it would be of any consequence and suddenly it seems that I could be in serious trouble.
What should I do?
