I was arrested? Got I-797E

[Jigi 0]

Hi,

Its time for distress...... I was arrested on Domestic battery after a little argument with my wife on November 20. I just received the I-797e Notice saying that they require more evidence.

They require FINAL COURT DISPOSITIONS which should have either i am convicted or case was dismissed by February 16. The problem is as follows:

My court date is on February 10, 2009 and the lawyer is going to set it on Trial so on the next date he can get the case dismissed as me and my wife are still together and everything is fine with me and I have no criminal record.

What shall I do?

Jigi

[Anh map 2,098]

I think that this is a question better asked to a qualified immigration attorney. It's too important to you and your spouse to not seek sound, informed advice.

Best of luck to you.

[Jigi 0]

hi,

My lawyer just called me to tell me that he will try to get an earlier trial date. If the trial date is after February 16 2010. I will just write a letter with my wifes affadavit that we are still together and it was a one of thing with other documents of residency , DL and other records which ever I can provide to them I will.

Other wise I am going to leave it to God. If they want to throw me out for one small argument they can.

Jigi

[rika60607 215]

I am curious how small can an argument be, that police gets involved in it and you actually get charged with something...

I would suggest an InfoPass... if you can't provide required documents because your trial date is late, may be IO can suggest a valid way of dealing with the problem (ie ask for extension or send an affidavit from your wife stating that it was a minor argument or whatever).

[Jigi 0]

hi,

The argument was like an argument, she did not press an charges. the State had... instead of giving me the chance the cops took me and charged me with domestic battery. I had threw water on her and threw her cell phone on the floor. I guess i had the worst day of my life.

My wife is going to file an affdavit that we are still together As soon as my lawyer gets the the trial date I am going to send the the copy of the trail date to the California Service Center with the affadavit

Jigi

Edited January 13, 2010 by Jigi

[Jigi 0]

hi,

I think I am squeezed in and dont have any other choice, I will keep you posted to what date the lawyer gets for me tomorrow.

If you have views, suggestions or mor evidence I can provide please let me know

Jignesh

[Deputy Purple 1,294]

the State had... instead of giving me the chance the cops took me and charged me with domestic battery. I had threw water on her and threw her cell phone on the floor. I guess i had the worst day of my life.

My wife is going to file an affdavit that we are still together As soon as my lawyer gets the the trial date I am going to send the the copy of the trail date to the California Service Center with the affadavit

I'm not making judgments about you or your case, just speaking in general.

I'd be surprised if the affidavit from your wife will persuade USCIS that there was nothing to the incident. The reason the State is pressing charges (your wife wasn't even given the option) is that it's not uncommon for domestic violence victims to recant and protect their abuser. If the police see evidence of a physical assault they are required by law to arrest you and it's automatic that the State is pressing charges on behalf of the victim.

Yes, throwing water on your wife constitutes a physical attack. Also, taking her cell phone {and trowing it} was probably perceived as trying to prevent her from calling for help.