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  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default Will a Domestic Violence Accusation Qualify Somebody for a U Visa

    An H1B worker has been accused of domestic battery by his spouse, who has H4 status. If he returns home to India, she would lose that derivative status. He believes that she made the report, which he contends is false, in order to coerce him into leaving the U.S. so that she can qualify for a U visa. What should he do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will a Domestic Violence Accusation Qualify Somebody for a U Visa

    He should discuss the facts of his case with a criminal defense lawyer and an immigration lawyer. The consequences of either a domestic violence conviction or leaving the U.S. before the criminal case is concluded can be severe for him. He needs to concern himself with his own criminal charge and immigration status, not with theoretical actions his wife might take if he flees from justice.

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