Legal Question in Immigration Law in California

H1B Got Arrested before Getting Permanent Residence Petitioned by Husband

I'm currently on H1B visa and it will expire in 11/09. I married a US Citizen in 2/08 and self-filed for Permanent Residence in 7/08. In 8/08 the USCIS had requested for initial evidence for my husband's proof of income. He started his job in 7/08 and therefore does not have 6mos worth of paystubs, but we sent off the two months that we had along with his employer's letter confirming his future employment.

Then in 9/08 I was falsely arrested in Hawaii for Abuse of Household or Family Member (i.e. my husband). We both reside in California and the judge dismissed the case because my husband is unable to fly to Hawaii for the trial.

Now, (1) how would this arrest (but dismissed case) affect my currently pending petition? Since this happened in Hawaii and not our residing state (CA), will USCIS be so diligent to look up Hawaii records? My guess is that it will remain a public record in Hawaii.

And (2) would only 2mos long of paystub cause a denial to my greencard?

Also, I want to go to couple's counseling with my husband but not sure if I can tell them about the problems in our marriage and my concerns with my greencard if I leave him. Can this kind of information be used against me in the future re: the greencard?


Asked on 9/29/08, 8:34 pm

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

Re: H1B Got Arrested before Getting Permanent Residence Petitioned by Husband

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Answered on 10/02/08, 4:55 pm


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