applying for H4 with misdemeanor charge

[bluehiro]

Hi everyone,

I really need some advice. Thank you for reading my post.
I came to California to visit my boyfriend in Dec of 2010. I am a Canadian Citizen who entered on a 6 month B2 Tourist Visa. In March of 2011, I found out I was pregnant and also that my boyfriend was with another women in downtown SF. I was very sick and kept calling him to come home. But he wouldn't. So I called him and I told him our house got robbed and that I was raped. So he would come home. I didn't think he would call the police. I thought that he would come home first. But he called the police and I was too scared to tell the police that I had lied about it. So I told them the same story and then confessed after 5 hours of interrogation. The reason why I didn't tell the police right away the truth was because I was very scared as I was involved in a domestic violence situation with my boyfriend requiring me to go to the hospital 3 times. My case is currently in court now. My public defender has told the prosecuter my situation and the prosecuter has agreed to see my hosptial records and photos of domestic violence this Monday. My prosecuter says that he will try to plea bargain to have me do community service in exchange for dismissal of my charges. But he has no guarantees.

My boyfriend and I have also recently gotten married and he's applying me for H4 status as he's on an H1-B visa. If I am charged and convicted with this misdemeanor of filing a false police report which I know is a Crime of Moral Turpitude, what effect will it have on my H4 application? I know I can use the petty offense expection. If so, how do I go about doing so? What do I tell the Immigration officer during my H4 interview? What documents do I need? Can my visa be denied?

Thank you again so much for your help.

Much appreciation.

[hiralal]

no point in worrying. your lawyer is doing the right thing by plea bargain and by doing public service ...that should help you a lot.
also no one can predict what will happen with h4 ...there is a good chance that it will be approved ...if denied then once you do the public service and the charges dropped ...send evidence of that ...don't lie on your application though ...if they find that then they will deny without second thought