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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100047
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I got to know and became very interested in a woman working

Customer Question

I got to know and became very interested in a woman working for the a neighboring farm on an ag exchange program, then H2A visa, then an H1-b visa, and now I believe something that provides a path to residency because she now has to stay for 5 years without leaving the US.
Whenever we have spoken she is very forthcoming and open, but seems to be hiding something and then breaks contact. It's as though she likes and trusts me, but something is always holding her back.
She always complains about not being able to leave the ranch without permission, always working too much, and being treated like shit. She's very attractive and yet to my knowledge had only dated one man, who was from her country, also under an ag visa, who she had enticed away from another neighbor to work for her employers after one of their American workers quite. She was supposedly dating him, but when the year ended he left and never came back.
I like her and for whatever reason care about her. She claims to have no interest in me, but the things she tells lead me to believe it's possible there is something else involved.
I live in a remote county where people have known each other for generations, and every family has a reputation. I do not trust the family she works for, they've been known to do a lot of shady things in the past.
Several years ago she called the sheriff to warn me off, and my question is this:
1) If I am charged with stalking does that open the door to a discovery process that could expose immigration fraud, possibly with not quite slavery but a lot of control and duress?
2) In the event it goes that far and nothing is discovered, how likely is it that I can get the court to drop charges if I can show that at least part of my persistence was sincere concern for her situation?
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) If I am charged with stalking does that open the door to a discovery process that could expose immigration fraud, possibly with not quite slavery but a lot of control and duress?

Yes and no.
No, in that her immigration status and employer/employee relations have nothing to do with the stalking case, arguably. So the prosecutor would likely focus on the stalking matter, and not involve themselves in her affairs otherwise. Yes, in that if the media gets a hold of this or if ICE is tipped off, they can investigate potential violations and abuses of visa holders' rights.

2) In the event it goes that far and nothing is discovered, how likely is it that I can get the court to drop charges if I can show that at least part of my persistence was sincere concern for her situation?

Not likely. Regardless of the intent of the individual, if there is credible evidence that the Defendant has engaged in stalking behavior regardless of their intent, then the Prosecutor is likely to press the case. The prosecutor is simply likely not to believe that the intent was not malicious. Then it would be up to the Judge.Jury to decide.

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Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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