Deported 8 years ago, want to come back for studying

[Vazsky 0]

Hello Community,

Nice to be here with you!

Back in 2004, when I was 18, I went to the US (state Utah) to study. After my arrival, within a couple weeks I was involved in fight & got arrested. After 10-15 days I was released but University did not allow me to return for studying.

That was the reason why I end up in INS deportation facility. I had an opened case & charges in Utah (Aggravated assault). After some time INS moved me to Denver and then deported me (Did not allow volunteer departure). The case remained open.

I didn't worry about it because I really had no problems with traveling in Europe and taking Master degree there, but when I researched and found out that the faculty I am interested in (Online Marketing) is developed mostly in the US, I started thinking about my past.

One year ago I contacted my attorney in US and asked her to call prosecutor and ask to dismiss/close my case (Utah, aggravated assault charges), we tried twice with different prosecutors, both were against. Then she arranged preliminary hearing of my case and the case was finally dismissed by Judge (No witnesses, no weapons).

Today I have no criminal record (convictions) in the US but I still have deportation.

I will appreciate If you suggest the ways out, do I have any chances of coming back for studying? The only suggestion I received from my attorney is Deportation Waiver - form I-212. I don't have a family or close relatives in the US.

Thank you in advance! Your suggestions may change a lot...

[Used to be broken 147]

Hello Community,

Nice to be here with you!

Back in 2004, when I was 18, I went to the US (state Utah) to study. After my arrival, within a couple weeks I was involved in fight & got arrested. After 10-15 days I was released but University did not allow me to return for studying.

That was the reason why I end up in INS deportation facility. I had an opened case & charges in Utah (Aggravated assault). After some time INS moved me to Denver and then deported me (Did not allow volunteer departure). The case remained open.

I didn't worry about it because I really had no problems with traveling in Europe and taking Master degree there, but when I researched and found out that the faculty I am interested in (Online Marketing) is developed mostly in the US, I started thinking about my past.

One year ago I contacted my attorney in US and asked her to call prosecutor and ask to dismiss/close my case (Utah, aggravated assault charges), we tried twice with different prosecutors, both were against. Then she arranged preliminary hearing of my case and the case was finally dismissed by Judge (No witnesses, no weapons).

Today I have no criminal record (convictions) in the US but I still have deportation.

I will appreciate If you suggest the ways out, do I have any chances of coming back for studying? The only suggestion I received from my attorney is Deportation Waiver - form I-212. I don't have a family or close relatives in the US.

Thank you in advance! Your suggestions may change a lot...

If you got deported 8 years ago and your attorney says you need I212, I would get another attorney.

Also ... under these circumstances while you can try I would not hold out much hope of coming here for study

[Vazsky 0]

If you got deported 8 years ago and your attorney says you need I212, I would get another attorney.

Also ... under these circumstances while you can try I would not hold out much hope of coming here for study

Thanks for the reply,

Can you explain why I have "almost no" chances?

[Brother Hesekiel 2,236]

I think it is unlikely that you will ever be issued a non-immigrant visa to the US again, no matter how much money you pay your attorneys.

[Sergi9 110]

Thanks for the reply,

Can you explain why I have "almost no" chances?

Broken is right about the I212, its 5 years.

The reason there is little chance of getting another VISA is basically the consular attitude "fool me once shame on you, fool me twice shame on me". Since you did not comply with the rules of the last issue, its very unlikely they will consider you for a second chance. If you want to try go ahead nothing ventured nothing gained. I would lay out a very strong apology, with the theme of youthful indiscretion, but it is entirely up to consular and you probably wouldn't need to spend the money on the visa application and the attorney just to get denied.

[Brother Hesekiel 2,236]

I'm with my "back out" on a tiny netbook in bed and can't really type well, but I'll try.

The 5-year bar prevents a person to get another visa within that period. Once that bar is served, the automatic blockage is removed and any visa application, whether it's a B2 or J-1, is examined on its own merit and then approved or declined.

Knowing how difficult many people have it to even get a B2 to the US if they just want to visit their child or meet their grandchild for the first time, you'll understand that a deportation from the US for an assault charge plus a deportation is a dealbreaker. They just say "no," not based on a bar but because of their discretion to a persona non grata.

The only chance somebody who got deported from the US has to come back is via an I-130 and an immigrant visa.

[Vazsky 0]

Broken is right about the I212, its 5 years.

The reason there is little chance of getting another VISA is basically the consular attitude "fool me once shame on you, fool me twice shame on me". Since you did not comply with the rules of the last issue, its very unlikely they will consider you for a second chance. If you want to try go ahead nothing ventured nothing gained. I would lay out a very strong apology, with the theme of youthful indiscretion, but it is entirely up to consular and you probably wouldn't need to spend the money on the visa application and the attorney just to get denied.

Right about I-212, I did not know about it.

About apology, why should I apology for? Because I was in a bad place in a bad time? I am not a criminal nor convicted in anything.

I agree with you generally, but US is a country of laws, If I was involved in a fight and arrested, it does not mean that I am guilty, there is no conviction. Besides, my deportation is because of that, because I was not able to attend classes.

There is a logic I guess...

(This is my opinion only)

I'm with my "back out" on a tiny netbook in bed and can't really type well, but I'll try.

The 5-year bar prevents a person to get another visa within that period. Once that bar is served, the automatic blockage is removed and any visa application, whether it's a B2 or J-1, is examined on its own merit and then approved or declined.

Knowing how difficult many people have it to even get a B2 to the US if they just want to visit their child or meet their grandchild for the first time, you'll understand that a deportation from the US for an assault charge plus a deportation is a dealbreaker. They just say "no," not based on a bar but because of their discretion to a persona non grata.

The only chance somebody who got deported from the US has to come back is via an I-130 and an immigrant visa.

Thanks for trying

I remember that I have 10 year ban.

I have to tell you again that I was not deported for an assault charge, it was because I was not able to attend classes, because of that my visa lost validity.

Is I-130 for family members? I don't have relatives in the US either.

***

For example, If a company in US will invite me as an employee, or If I will be shareholder of a small company, or If I will be CEO of a small company, will this raise my chances?

I'm not killing myself to get in US, but Its just something I wanna try.

[Vazsky 0]

Anyone?

[LIFE'SJOURNEY 970]

no,

no

and

no.

All that BOb has stated will still apply.

[LIFE'SJOURNEY 970]

For all of the reason you listed last, you could send someone from the company to represent you.

There are many businessmen who cannot obtain a visa to the US.

[CC90 90]

You can apply and find out for sure; it's no use for us to try and speculate. Eight years shows some time has passed and you can try to show that you've been rehabilitated.

The fact that you weren't convicted works in your favor, but you were still arrested for a "violent" crime and deported. You're not subject to the crime bar based on this, but the burden is now to explain and document that you're mature now. Saying that you're innocent or that the charges don't apply probably isn't the best argument.

I wouldn't believe anyone on here that says it definitely is or is not possible (mainly because we cannot possibly have all the facts), but I think you should at least stop thinking about "if" and make a decision.

Read a lot, apply smartly, and see.

[VanessaTony 3,567]

Right about I-212, I did not know about it.

About apology, why should I apology for? Because I was in a bad place in a bad time? I am not a criminal nor convicted in anything.

I agree with you generally, but US is a country of laws, If I was involved in a fight and arrested, it does not mean that I am guilty, there is no conviction. Besides, my deportation is because of that, because I was not able to attend classes.

There is a logic I guess...

(This is my opinion only)

Unfortunately they won't look at it like that. You were arrested or aggravated assault. Unfortunately lack of conviction doesn't mean anything. They HAVE been known to hold it again you in a "you just got away with it" kinda way.

You were deported because you breached the terms of your visa. Again you have to look at it from their point of view. You were involved in an assault, arrested, locked up and violated the terms of your visa by not attending classes. That being locked up forced you to miss classes means nothing. It all comes back to had you not been involved in the assault you would not have been arrested and not violated the terms of your visa.

If you were the USC and trying to import someone then the "no conviction" is fine but as a non-immigrant and immigrant arrests CAN be held against you.

Thanks for trying

I remember that I have 10 year ban.

I have to tell you again that I was not deported for an assault charge, it was because I was not able to attend classes, because of that my visa lost validity.

Is I-130 for family members? I don't have relatives in the US either.

***

For example, If a company in US will invite me as an employee, or If I will be shareholder of a small company, or If I will be CEO of a small company, will this raise my chances?

I'm not killing myself to get in US, but Its just something I wanna try.

Violating the terms of your visa means they probably won't give you another one. I don't think there's any way for you to come to the US unless you have family here (which you said you don't) or unless you meet a USC and marry and have them import you.

You could in theory write a letter outlining the situation, and pleading for leniency based on being deported for violation of the visa that you wouldn't have done had you not been locked up (proof of attending classes before that time and what not). Don't like your chances but if you wanna try, that's an option.

your arrest record is still held against you, no matter what reason you use to try and come here.

[Vazsky 0]

Thanks everyone for your replies, I highly appreciate it!

I hope this thread will be beneficial to a few in my situation.

Moderators, please close the thread.

Edited August 24, 2011 by Vazsky

[milimelo 4,541]

Thanks everyone for your replies, I highly appreciate it!

I hope this thread will be beneficial to a few in my situation.

Moderators, please close the thread.

Hit the "report" button under your name to get your thread closed.

[Kathryn41 3,205]

thread closed at the OP's request