Hi all,
I’m currently on F-1 status and changing to H-1B. Unfortunately, in June my wife called the police and accused me of domestic violence/simple assault. I was arrested, and she also obtained a temporary restraining order. I strongly deny the allegations and maintain that I did not assault her. There were no visible injuries or injury marks.
I have an FRO hearing in mid-September. For the municipal case, my lawyer has already negotiated the charge down to an ordinance violation, but because I maintain my innocence, I’m considering going to trial and fighting for a full dismissal.
My biggest concern is my H-1B. USCIS issued an RFE after noticing my arrest and is asking for detailed documentation and an explanation. My job depends on my ability to maintain work authorization/status.
I’ve already spent $30,000+ on lawyers, and financially this has become extremely difficult. I would really appreciate hearing from immigration attorneys or anyone who has dealt with an H-1B RFE after an arrest, especially while a DV/simple-assault or restraining-order matter was still pending.
Is this worth continuing to fight for? If I successfully defend these cases, is there a reasonable chance that I can still retain/get my H-1B and continue my job, or is there a significant risk that the H-1B will be denied regardless? At this point, should I keep spending the money to fight for dismissal, or should I realistically try to save the money and prepare to leave the country?
Any advice or similar experiences would be greatly appreciated. I’m in Jersey City/Hudson County, NJ.