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Does NY PL 240.26(01) has immigration consequences ?

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maggu__

New member
Person was not charged/convicted/arrested and Prosecution was declined. Person doesn't have criminal record and is clear.
Victim did receive an incident police Domestic violence report stating NY PL 240.26(01) violation (HARASSMENT 2nd: PHYSICAL CONTACT).
Though Person admitted "slapping to the victim" in his/her statement to police.
Incident happened 4.5 years back in NY. Does NY PL 240.26(01) has immigration consequences ie US inadmissibility on non immigrant visa?
 


not2cleverRed

Obvious Observer
Didn't seem to affect my ex's status.

The restraining order and being put on the NY child abuse registry didn't affect his status either, AFAIK.

In your hypothetical, it seems to be just a report. Charges weren't filed. They haven't been found guilty of anything.
 

maggu__

New member
Thanks for response. Given I have admitted in front of police that "I have slapped", won't make me guilty by default? Police came, created report on fight and went back after advising us not to contact each other
 

Bali Hai Again

Active Member
If the incident doesn’t show up on an FBI RAP sheet (and it probably won’t) you are probably good to go. If you do gain entry to the US please keep your hands off other people during your stay.
 

not2cleverRed

Obvious Observer
Thanks for response. Given I have admitted in front of police that "I have slapped", won't make me guilty by default? Police came, created report on fight and went back after advising us not to contact each other
My immigrant ex admitted to police that he'd tried choking me while I was holding our infant. He even agreed when I told the police it wasn't the first time that he'd done it.

In NY.

I tried filing charges at the time. He spent about 6 hours in jail. He was released without me being notified. I dropped the charges after realizing after a few court dates that the prosecutor just wasn't even going to give me a heads up about court dates. It simply was safer for me.

Never affected his immigration status or ability to reenter the US, AFAIK.
 

Bali Hai Again

Active Member
My immigrant ex admitted to police that he'd tried choking me while I was holding our infant. He even agreed when I told the police it wasn't the first time that he'd done it.

In NY.

I tried filing charges at the time. He spent about 6 hours in jail. He was released without me being notified. I dropped the charges after realizing after a few court dates that the prosecutor just wasn't even going to give me a heads up about court dates. It simply was safer for me.

Never affected his immigration status or ability to reenter the US, AFAIK.
I am truly sorry to hear this. That must have been a horrible experience for you. Did your ex have a green card or other legal standing to be in the US?

OP sounds like maybe a casual visitor with a tourist visa without any status and was involved in an incident that could have impacted their future admissibility to enter the US.
 

maggu__

New member
Thanks for sharing your experience. Sorry to hear about this. Was the accused ie US citizen or permeant resident or holding non immigrant visa ie h1b, l1 etc when this happened and later converted to immigrant status / citizen when he re-entered US or person was already citizen/resident.
 

not2cleverRed

Obvious Observer
Thanks for sharing your experience. Sorry to hear about this. Was the accused ie US citizen or permeant resident or holding non immigrant visa ie h1b, l1 etc when this happened and later converted to immigrant status / citizen when he re-entered US or person was already citizen/resident.
Greencard holder.
 

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