Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485

Question details

I had a domestic violence charge that got dismissed in pre-trial.

Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.

And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.

I've a few questions around this:

1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?

2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?

3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.

When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?

Video URL
FAQ Transcript

I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. More...

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

I-140 Employment Authorization (EAD) in Compelling Circumstances

Question details

I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.

Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-

  1. Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
  2. If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
  3. Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?
Video URL
FAQ Transcript

In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. More...

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, July 08, 2021:

FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485

Rajiv's Article - Can student visa holders apply for a Green Card?

Published by: The Economic Times - Date: June 30, 2021 

Synopsis

A green card is considered to have been filed usually when an application for an immigrant visa (Form I-140) is filed with the USCIS. The majority of the green cards require preclearance from the US Department of Labor, referred to as labor certification or PERM petition.

For more on this article please see the attachment below.

Rajiv's Article - Business or employment related travel to the USA during ban

Published by: The Economic Times - Date: June 29, 2021 

Synopsis
Bear in mind that the travel ban requirements and exceptions are likely to keep changing based upon the state of the pandemic. Thus, before traveling, it would be prudent to check the latest developments on the consular websites.

For more on this article please see the attachment below.

24 June 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, June 24, 2021:

FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request

USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

Release Date 

U.S. Citizenship and Immigration Services announced it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.