• Visa to US. FIR in india.

Hi,

My wife is an American citizen, and we are in process to apply for Green card. However my brother is going through a divorce, and my sister in law has filed cases (498 and others) against him and my family members (including myself).

Would it affect my Green Card application?
If I seek a job transfer abroad with my current company, can I get permission from court to take up a full time job?
Asked 2 years ago in Constitutional Law

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13 Answers

1) it would  affect your green card application 

 

2) you are at liberty to go abroad for work purposes 

 

3) you can seek exemption from personal appearance until further orders 

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

It can cause problems with your green card application as USA is very strict in such regards. Permission for taking a full time job abroad can be sought from the court but it is completely at the discretion of the judge whether to allow it or not and only depends on your role in the case 

If the charges have not been framed, you should file discharge application before the trial court stating that no prima facie case has been made out against you and your name be deleted from the list of accused.

You can also prefer for quashing of FIR under section 482 of the code of criminal procedure in High Court to get the FIR quashed and the criminal proceedings against you.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear sir, 

Although since it is a mere accusation against you and your wife that wont have much effect on your green card. Provided, they take the stay and send the letter of intimation to the embassy to stop the same. However, You should be aware and ready to get yourself discharge of the case as soon as possible. You can contact me for consultation and for defending your position before the Court of Law.

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
417 Answers
1 Consultation

5.0 on 5.0

Better apply for quash of FIR petition and anticipatory bail otherwise your possibility to stay abroad will hamper.

Green card application may have option if any criminal case pending in parent conurty than your application may stayed. So better file quash petition in High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See if you are already having a US visa there won't be any issue in green card though if they ask for police verification again it may cause hurdles.

Yes with permission of court you can travel abroad though court will grant you permission for specific time only.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

 yes it is possible you can file a writ petition in High Court to get the FIR quashed  citing the reason for that you are not living in India along with your family and your name has been taken just for anonymity this is not going to affect you I'm getting full time job transfer and Green Card

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes, it will affect you. You need to take special permission from the court to go abroad which the court might not allow.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

- Under section 498A , if accused supporting the police official , then bail is not mandatory, means it becomes bailable as per latest Supreme court judgement. 

- If you are already on bail , and further the court has not directed to surrender passport , and restrict you , to travel outside India, then you will not face any problems for the same.

- No, it will not effect you green card application.

- Yes, you can get permission from the court . 

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

You may not be permitted to travel abroad on permanent basis during the pendency of a criminal case in an Indian court especially if you are planning to settle down at abroad for the employment purpose.

An application for green card or visa to US may contain the columns asking yo the details of the pending criminal cases against you, in that case you cannot suppress the facts material for issuance of Visa.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. If you have obtained anticipatory bail then the mere pendency of 498A will not adversely affect the Green Card application.

2. US does not ordinarily deny visa/green card on account of pendency of 498A.

3. It goes without saying that if the court has obligated you to secure its permission before going out of India then you remain bound to comply with the order in letter and spirit.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

maybe affect your green card application . 

Unless the court has restrained you from travelling abroad you are at liberty to travel.

 

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

No it will not affect. Yes you can seek permission of court

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

It may effect your application for green card. 

Yes you can get permissions from court.

You should file petition for quashing of FIR against you in high court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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