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

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. Best answer

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. 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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  3. 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 is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  5. 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 attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  6. 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 and criminal defense law firm, representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq., kristy@negri-torres.com, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Hablamos español. Falamos português.


  7. 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.

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