I have a pending I-485 and it is based on self petitioned I-140 under eb2-NIW application. I got arrested few days ago

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Customer: Hello
JA: Hi. How can I help?
Customer: I have a pending I-485 and it is based on self petitioned I-140 under eb2-NIW application.
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: I got arrested few days ago because of misdemeanor domestic violence and got released three days after arrest under certain conditions i have filed I-485 august last year
JA: Have you talked to a lawyer about the green card?
Customer: i did the I-140 with a lawyer and the I-485 was DIY job
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My I- 140 got approved about a month ago
Answered by Clay G., Esq. in 9 mins 2 months ago
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Clay G., Esq.
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Clay G., Esq.
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Clay G., Esq., Expert

Hello! Thank you for using JustAnswer. I am Clay, an attorney with several years’ experience, and I will be assisting you with your question today.Before we begin, please note that our discussion is for informational purposes only, does not constitute legal advice, and will not result in an attorney-client relationship. In addition, our conversation is not confidential.I am here to help and will do my best to help you resolve your issue or determine what to do next. If you choose to take or forgo legal action, you should consult a local attorney who can represent you.Please give me a moment to review your question. Some answers may take a bit of time to prepare, so if you do not hear from me immediately, rest assured that I have not forgotten about you! Feel free to reach out if you have not heard back from me in 15 minutes.**Phone call offers are generated automatically by the website and cost an additional fee. I generally prefer chat because it allows me to take the time to write a clear and thorough answer for you. I will not offer a premium service without discussing it with you first.**
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Clay G., Esq., Expert

I hope you are doing well today. Can you please tell me more about what happened?
Customer
Hi Clay,There was a conflict between me and my wife and there was a physical touch from me, two or three times slap on her arm because of the conflict went going on between me and her about our new born
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Clay G., Esq., Expert

Ok. And what happened after the arrest?
Customer
She called police and told them it has been verbal but I told police I had some physical with her as well.
Customer
They put me in jail for 72 hours till my court. And when I had court, the judge ordered to release me with conditions that I have to stay away from my wife and don’t contact her and take assignments. My wife is worried about me and has contacted me tens of times and wants me to get back home. I cannot answer her messages or answer her phones because of the court order
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Clay G., Esq., Expert

I’m sorry about the difficult situation you are in. Were charges filed against you?
Customer
She doesn’t know that court has ordered this and if she knows she will go to court and ask to let me go back home
Customer
charges are against me and I am living in Santa Clara CA
Customer
It is misdemeanor under 243(e)(1) pC
Customer
I really need help to get this not affecting my green card application
Customer
Are you still there? Any comments on my case please
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Clay G., Esq., Expert

I am here. Thanks for your patience.
Customer
Please answer in text message or make it a free call otherwise I consider as an scam
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Clay G., Esq., Expert

The phone call message is generated automatically by the system, as I mentioned in my opening message. I did not send it. We can continue on chat. I will be with you shortly.
Customer
Thank you for the clarification
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Clay G., Esq., Expert

In most cases, a conviction for misdemeanor domestic battery will not disqualify a person from a green card.
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Clay G., Esq., Expert

However, it is very important that work with an experienced criminal defense attorney in your area to ensure you make decisions about your case that will be best for your green card application.
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Clay G., Esq., Expert

You can search for experienced attorneys in your area here: https://www.avvo.com
Customer
how does my case looks like?
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Clay G., Esq., Expert

Please see my answer above. I think you should be able to still get your green card, but you need to work with a good local attorney in your criminal case to make sure you do everything right.
Customer
What is the title of the attorney who knows the immigration matters and also does criminal defense?
Customer
I mean how should I find someone who knows the two matters:: immigration and criminal defense?
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Clay G., Esq., Expert

Apologies, the site does not permit me to give you specific references for attorneys. However, the link I gave you above will allow you to search for one.
Customer
Could you please send it to my email***@******.***?
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Clay G., Esq., Expert

I cannot send you an email, unfortunately, but here is the site again:https://www.avvo.com
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Clay G., Esq., Expert

You can also try searching on Google for “crimmigration attorneys” in your city or region. That is the term that is used for attorneys who specialize in both.
Customer
I have filed my I-485 a year go and when the uscis setups an in person appointment they will go through all the questions in the I-485 form. In the form it is asking if I have been arrested in the past and I cannot take attorney to the interview. I am a little confused how this is going to work
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Clay G., Esq., Expert

You can bring an attorney to your interview, and you really should given the arrest and possible future conviction.
Customer
Can attorney talk to the court and adjust the current status I have to make it work for my immigration?
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Clay G., Esq., Expert

Possibly. Your attorney can make sure you do everything right to make sure it won’t affect your immigration. For example, you might be able to get the prosecution to agree to dismiss the charges, or get a non-prosecution agreement. Even if the charges are not dropped, there should be ways you can plead guilty to this charge without risking your green card, but you shouldn’t try to do it without a lawyer.
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Clay G., Esq., Expert

Does that make sense?
Customer
Can my wife help me in this process to make the case less sensitive for the green card? She didn’t know this is going to happen and they will arrest me and charge me. She thought they will just talk to us and don’t charge me or arrest me
Customer
Please share every information so I can have better understanding of what I should do. I am really in a situation that my mind is full
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Clay G., Esq., Expert

Your wife might be able to convince the prosecutors to drop the charges against you, but you need to be careful not violate the conditions the court out on you about not contacting her.
Customer
Thanks for the information and suggestions.
Customer
How can I let my wife knows to ask court to let us be together?
Customer
Should I go to court and find a lawyer there?
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Clay G., Esq., Expert

You should not look for a lawyer at the courthouse. Find one through the link I gave you above. Once you have a lawyer, the lawyer can assist you with relaying messages to your wife. If your wife tells the prosecutor that she is not willing to testify, there is a good chance of getting the charges dismissed.
Customer
I see. Thanks for the suggestion
Customer
How much my case is going to cost? Any estimate you can give me?
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Clay G., Esq., Expert

It is hard to say because every attorney charges different rates and works differently. That is a question to ask any attorneys you contact about possibly representing you.
Customer
Almost last question: how can I know if the lawyer that I am going to work with is the one that can resolve my issue? What are the good indicators?
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Clay G., Esq., Expert

Tell him about your issue, and see if he uses any of these terms:  crime involving moral terpitude, minimum conduct rule, categorical approach, modified categorical approach. Those are some of the key terms that relate to the impact of a criminal conviction on immigration status. If he uses any of those terms, then he probably knows what he is doing.

Customer
Ok, thanks for the clarification. Is there any way that I can reach out to you if I had other questions?
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Clay G., Esq., Expert

Yes. At the end of our discussion, I will tell you how you can direct new questions to me in the future.

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Clay G., Esq., Expert

Do you have any more questions for me right now?

Customer
Is it free of charge later discussion in this matter?
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Clay G., Esq., Expert

Since I am just an expert who answers questions on this site, I have no involvement with billing or accounts. I do not know what you are charged and when you are charged. You can ask customer care about that at https://www.justanswer.com/help/
Customer
Thanks for sharing the information and the resources and answering my questions. I don’t have any other questions for now. Have a great evening
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Clay G., Esq., Expert

You’re very welcome, and good luck! It was my pleasure to assist you. Any bonus you think I have earned would be much appreciated, but never required.Please let me know in this thread if you have any follow-up questions to clarify the answer I have provided. If you would like to ask me a new legal question in the future, please add me to your Favorite Experts list OR click on the following link and start your question with the words "FOR CLAY G. ONLY": https://www.justanswer.com/law/expert-clayg0829/?rpt=3800Thank you for using JustAnswer, and have a great day!
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