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Need some help with regards to a legal issue

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  • Need some help with regards to a legal issue

    I am the holder of an H1-B visa that expires on 01.06.2003. In December 99, I plead guilty to a charge of misdemeanor child abuse, and the sentence was deferred prosecution with the charge being expunged in October 2000. The extension to the original visa was granted in May 2000. I plan to return to my country around May 2003 as my visa will expire, and I have been told that I would net be able to get a Green Card because of the charge.

    My question is this: is there a statute of limitations on the charge? The reason for this is that I am negotiating employment with a multi-national company in the UK, and the possibility of cross-Atlantic travel in the future does exist. Further, if there is a statute of limitations, then I could explore the possibility of a transfer with my prospective employers and return to the US permanently at some future date.

    Thank you

  • #2
    I am the holder of an H1-B visa that expires on 01.06.2003. In December 99, I plead guilty to a charge of misdemeanor child abuse, and the sentence was deferred prosecution with the charge being expunged in October 2000. The extension to the original visa was granted in May 2000. I plan to return to my country around May 2003 as my visa will expire, and I have been told that I would net be able to get a Green Card because of the charge.

    My question is this: is there a statute of limitations on the charge? The reason for this is that I am negotiating employment with a multi-national company in the UK, and the possibility of cross-Atlantic travel in the future does exist. Further, if there is a statute of limitations, then I could explore the possibility of a transfer with my prospective employers and return to the US permanently at some future date.

    Thank you

    Comment


    • #3
      It depends on what is the maximum term of imprisonment can be under the statute under which you went. I assume you were not given any sentence (any time). Were you given any monetary penalties, fines, etc?

      Comment


      • #4
        Nope, the only 'sentencing' was community service. I believe that the maximum 'jail time' for this charge is 6 months.

        Comment


        • #5
          May be the DA had reduced to charges to Harassment, which is a violation and not a crime. It would be better for you to go to the Court and ask for Certificate of Disposition of that case. Thereafter, you post the contents of COD and may be I will be able to give you some hints about this. If you were given just a community service, it looks like you pleaded guilty to a violation. In case you had pleaded guilty to Child Abuse, then you must have been recommended to take and attend some special programm.
          Good luck.

          Comment


          • #6
            Actually what matters here is not violation or not. The thing is that it is a misdemeanor, and whether it is a CIMT or not. Even if it is a CIMT and even if he is considered convicted for immigration purposes (plea of guilty + community service, according to the definition = conviction for immigr. purposes). However, he was not sentenced to any jail time, and if the maximum possible sentence is 6 months he should be ok.

            Comment


            • #7
              For Misdeamanor the sentence is 1 - 3 years. It looks like he had pleaded guilty to a Violation for which sentence is less than one year. He needs Certificate of Disposition any way.

              Comment


              • #8
                Have spoken to the Courts (through my lawyer for this case). They have told him that there are no details available as the case was expunged. Apparently, the only records are with the FBI!

                Comment

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