Q: My wife filled an order of protection (Domestic Violence) against me. The court hearing is in Jan-2017.
I am on H1B and she is on H4. If I resign and return to INDIA will she out of status or she will be eligible for U-VISA ? I am very sure she is doing this to get U-VISA.
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A:
Your idea is the wrong way to handle this situation. You are not likely to be allowed back into the US if you are convicted of Domestic Violence. You need to involve both a criminal defense attorney and an immigration attorney. Since a crime is involved, do not discuss this on line or over the phone. You need to retain both attorneys immediately to help you both.
Without more facts, which is not safe for you to post on line, your questions cannot be answered nor can your concerns be addressed. You need the best attorneys you can afford, do not let geographic considerations be a factor in your choice of an attorney. Good luck.
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