My husband is on H1 visa and me on H4 visa. Both got arrested on (battery)domestic violence, but charges dropped. any problem?

Asked 8 months ago - Jacksonville, FL

we reside in Florida, Jacksonville. Last year we were arrested on domestic violence but the charges were dropped the next day itself. But the records will remain forever. Now we applied for H1 visa extension 3 months back, but we didn't get any status. Do we have any problem in visa extension or green card application. Even the house owners reject to give for rent to the people who have been arrested even for such simple matters. Is this such serious in US? Do we need to face this problem for all the rest of the time we reside in US? I am planning to do my MS on F1 visa. Will i face any problem even in that because of my background? This problem is killing us everyday. For every work in US, this is becoming an obstacle. Please guide me what to do and how to get rid of this?

Attorney answers (8)

  1. Alexander Joseph Segal

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    Contributor Level 20

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    Answered . You were arrested. It is always a problem in immigration context.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Jeffrey Adam Devore

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    Answered . If the charges were dismissed and you have no other criminal record you can look into having the arrest records sealed. Consult with an experienced Florida criminal lawyer who an explain this process to you. Note, however, that sealing is effective for state purposes only and that you will still have to disclose your arrest for all immigration purposes.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. Kristin D Figueroa-Contreras

    Contributor Level 13

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    Answered . You were both arrested? When you say the charges were dropped on the same ¨day¨, does this mean you received a ¨No Action¨ disposition at your arraignment hearing? Why was the H-1 extension denied? You might be eligible to get the arrest records sealed or expunged so that private employers and the general public would not have access to the records, but immigration and other government authorities will always have access to this information.

    Please note, the above answer is for general informational purposes only. We are a full-service immigration... more
  4. William Charles Rosenfelt

    Contributor Level 20

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    Answered . Quit tempting fate and hire an attorney. You are going to run out of luck soon!

    Bill Rosenfelt 407-462-8787 (Orlando)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  5. Shahzad Ahmed

    Contributor Level 14

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    Answered . Hello Ma'am. For such matters, I review the record carefully to determine whether there could be any immigration consequences of the criminal record. For example, under Section 212(a) when you are seeking admission into the US, there could be an issue, if there is any admission, not even a conviction, for a crime involving moral turpitude. Although a simple domestic violence offense is generally not CIMT, the point is that it is important to review your entire file and be guided on this. Best regards.

  6. F. J. Capriotti III

    Contributor Level 20

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    Answered . Talk to a lawyer ... it appears that things are unsettled.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  7. Kyndra L. Mulder

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    Answered . It really depends on what you mean by "dropped."

  8. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . You have a double problem, an adverse criminal record and a seeming absence of a competent immigration counsel retained by you to guide you through this procedural maze.
    It appears that you defy the logic of hiring an attorney needed for your case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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