I am working in US with a valid H1B visa. I have never got any tickets in US not even parking ticket but recently in Texas I had an argument with my girlfriend and I pushed her away in anger. She chose not to prosecute me but I still received a citation for assault from the police. The citation states "Physical Contact simple assault class C". I am asked to contact the court in a few days. I am okay to pay the fine.
I am planning to change my job in few months from now. I want to know how will this ticket affect H1B transfer. I am also planning to apply for UK visa, will this ticket affect my UK Visa. Will this appear in all my background checks? Is there any way I can get rid of this by doing some community service etc.?
Thanks a lot for the answer. Can some Immigration lawyer put some light on this case please? Will this "Citation for assault - Class C (simple)" affect H1B transfer or chances to re-enter US after few years?
Criminal Defense Attorney
You need to post your inquiry under immigration. I can tell you what is happening from a criminal perspective. A class C assault is simple assault - meaning that you touched someone without hurting them and that you knew if you touched them in the manner you did, they would find the touch offensive. Sounds like it was the right charge.
What can you do from a criminal perspective? Pay the fine = final conviction but no fingerprints. Ask for deferred prosecution and offer to take an anger management course - after completion of the course and the passing of the agreed upon time, the case is dismissed. You can then get the case expunged.
I know that assaultive behaviors are VERY bad when it comes to immigration consequences. I have heard this includes Class C assaults. You should consult with an immigration lawyer (more important than a criminal lawyer at this point) to determine what is "okay" with immigration as far as disposition.
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