Legal Question in Immigration Law in California

H1B Arrested for Abuse but Not Convicted

I'm on H1B visa, recently married a US Citizen in 2/08 and filed petition for greencard in 8/08. But I got arrested for Abuse of Household or Family Member in Hawaii in 9/08. The victim is my husband and we both reside in CA. My Criminal Defense attorney guaranteed me that as long as my husband does not fly back to Hawaii to testify in trial (which he won't), the charges against me will be dismissed. This is based on Hawaii Rules of Evidence (HRE) Rule 802.1, which states out-of-court statements are inadmissible in court unless the declarant is subject to cross examination. In my case, since my husband (the victim) resides in CA, Hawaii's subpeona power does not extend out of its state and therefore he will not be flying from CA to Hawaii for the trail. And he is the only victim/witness in the case, so my attorney said the Prosecutor Attorney will not have a case without my husband testifying in court, even they have his handwritten statement to the police, it is still inadmissible in court without cross-examination.

My question is: even the charges will be dismissed, how will the ''arrest'' itself affect (1) my current H1-B status and (2) my pending GreenCard application, which is petitioned by my husband?

Thank you so much


Asked on 10/02/08, 4:35 pm

1 Answer from Attorneys
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: H1B Arrested for Abuse but Not Convicted

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Answered on 10/02/08, 4:53 pm


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