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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3054
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Short family background: We are from India. Married yrs.

Customer Question

Short family background:
We are from India. Married for 17 yrs. Happy and God fearing family. Had first daughter after 13yrs. Now they are 5,3,1. Living in CA past 8yrs on H1B working visa. My husband is on H4 visa. Couple of months ago there was an incident on spanking end up in accident having small scratch and little bump in my 5yr old daughter. There was translation error when me and my kid speak in english, we used "beat" word which made to think that real abuse happened but we are not abusive parents. Police arrested and we bailed my husband next day. No one from CPS and police interviewed us in our language. Everything happened in english and we are not good at english. Lot of misunderstanding and mis information happened.
Current status:
1) CPS filed case in family dependency court as 300 b allegations true finding. Court is likely to dismiss our case in 3 months instead of 6 months.
2) Police filed criminal case on my husband but DA returned my husband case back to police dept. They are not going to charge the criminal case but it will be open for 3 yrs.
Question:
My H1b & H4 extension is coming up march next year 2017. Will 300b true finding will impact our stay on US? Will criminal case status open show "furthur police investigation" will impact my husband H4 visa extn.
Shalom,
JD
Submitted: 10 months ago.
Category: Criminal Law
Expert:  jludwic replied 10 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I don't understand. Did CBP or ICE ever talk to your husband?

Customer: replied 10 months ago.
There was many things happened even before we realize. My kid told "my daddy beat my face" but that is not correct because of Language error. School call police of visual bruise. Police came home arrested my husband. My husband gave testimony. I told police the word beat but it's not same meaning. Word beat played major role and school did call us to verify. In short CPS and School and police made wrong decision to file case in court. Because they did, they are not agreeing the truth. Please help. No one is hearing my heart cry. Everyone saying they cannot do anything bcos it went so for in system. This is injustice.
Expert:  jludwic replied 10 months ago.

This is really a criminal law issue and not immigration law. I will ask a moderator to move this to criminal law.

Please don't reply as that will delay the transfer.

Judith

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