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Will a dismissed domestic violence charge affect H1B Visa application? H Visa

Discussion in 'Investment, Work Visa' started by soandso, Mar 17, 2014.

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  1. soandso

    soandso Law Topic Starter New Member

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    Hi,

    I was arrested and charged of misconduct and third degree assault earlier this year and my lawyer got both charge dismissed last week.

    I am currently on my F1-OPT visa and need to get my H1B visa.

    My question is, if my employer submit my H1B visa application in April, will the arrested record and dismissed charges affect my application?

    Thank you in advance!
     
  2. army judge

    army judge Super Moderator

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    There is no way that anyone can guarantee you it won't.
    The decision is made by the Homeland Security officials.
    That said, domestic violence is a very serious charge.
    You might be wise to discuss ALL of this with an immigration attorney, stop abusing women, seek counseling, and take an anger management class.
     
  3. soandso

    soandso Law Topic Starter New Member

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    Thank you for your reply! I really appreciate.

    Unfortunately, I am a women, my husband lied to the police and got me arrested, I did not hurt him, just accidentally dropped a fried egg on him (not even fresh made one, warm hot).
    He was frustrated at job hunting and I have a really decent job, he was mad at me because I said he doesn't have a job in an argument about money.
    I realized I should have said that and apologized to him right away. Later I was trying to beg for his forgiveness by cooking breakfast for him. The egg accidentally dropped on his leg when I was handing the plate to him and he called 911 and told the police I was pouring boiling water on him.
    BTW, he is 6 feet tall and I am only 5'4'' (125 lb).

    My lawyer said there is no record on me after the dismissal. I will talk to an immigration attorney about this, but it seems like since this has already happened, there is nothing I can do at this moment.
     
  4. army judge

    army judge Super Moderator

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    All deserve equal treatment.
    That means big and small, short and tall.
    Our laws are supposed to protect us all.
    Civilized people don't touch others, accidentally or not.
    Don't excuse what you did.
    That said, speak with an immigration attorney, or your employer's visa processing attorney.
    Domestic violence, even with cold eggs, is still domestic violence.
    That charge may not have been disposed of so easily.
    If it was indeed DISMISSED WITH PREJUDICE, you're probably okay.
    If it was DISMISSED in another manner, or you plead to a lesser or included, it could potentially create a problem for you.
    Domestic violence is a crime of moral turpitude.


    Among the many specific offenses that the U.S. government has determined to be CMTs in individual cases are:
    murder
    voluntary manslaughter
    involuntary manslaughter, in some cases
    rape
    spousal abuse
    child abuse
    incest
    kidnaping
    robbery
    aggravated assault
    mayhem
    animal fighting
    theft
    fraud, and
    conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.
     
    Last edited: Mar 17, 2014

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