Overstayed because falsely accused, have to wait for court date

[Unluckyguy 2]

Hi,

I am not too sure if this is where I should post this

I am in the US under an F-1 visa, I am from Europe. I graduated in December 2011. Got my OPT started in mid-January 2012.

My OPT card finished in mid- January 2013. I WAS still in the system in January 2013 as working for that company I had stopped working for in mid-June.

I Joined my gf in NYC in mid-January 2012. Worked there until mid-June, then left the company. Then in end of June, my gf went crazy (she was bipolar) AGAIN but this time she hit me several times with a metal bar in front of my apartment neighbors. I never touched her, I only protected myself and finally managed to control her with one of my neighbors, she was hysterical. I had bruises, bite marks, etc... She had absolutely nothing of course. My neighbors were telling me to call the cops on her but I refused to cause she was my gf. Well, 2min later after calming down a little, she took her phone and called the police on me! I guess she was afraid my neighbors would manage to make me call the cops on her. So, the cops came we both said our sides (she invented an horrible story) and so we both got arrested!

The case was dismissed without any trial (90 day speedy trial)in beg. October. I didn't find a job since. I was planning on leaving for Europe cause I knew otherwise I would overstay my (visa/OPT).

Problem is that the day when the case got dismissed, I was then allowed to contact her again. So I did, and told her I forgave her for what she did and that I wanted to know what she thought about the entire situation. I really thought she would feel extremely sorry about what she did and that she would appreciate the fact that I forgave her. She never answered my emails.

A week later, one of my neighbors (who was a witness of the incident) texted me telling me she was in front of the house with a guy, and talking to the landlord downstairs. She had just asked my neighbor if I was here (he didn't know since he was walking home from work) and she told him they had to hand me papers. It was around 6pm. I was in my room. Reading the text from my neighbor I go straight to his room and ask him. 3min later the landlord comes upstairs with papers and hands them to me. The papers were a petition and an order to go to Family Court about 2 weeks later, and an Order of Protection. We were completely amazed. My ex had put horrible things on the petition... Of course all lies, since I hadn't been in contact with her since the incident. So, of course I didn't try to contact her at all.

Two days later, two detectives came to my door and arrested me! I had no idea what was going on. Turned out, my ex and the guy said they served the papers at 10AM!!! When I never received them until 6PM! So, I got arrested because I sent an email at around 2pm... They said I breached the Order of Protection.

When in court I find out she invented other stories... SO, now I had a Family Court case AND a criminal court case, even though I never did anything wrong!

I then moved from where I lived.

On the first court date, about a month later, the judge saw an irregularity on the service of papers, and so, ordered them to serve me new papers. (Basically I got arrested for nothing!)

Since then there have been 3 court dates and every single time the Family Court DA has said they couldn't find me and therefore couldn't serve me the papers. The Criminal case DA always said "Not ready" meaning not ready for a trial because of lack of evidence. My lawyer told me that the case was going to be dismissed after 90 days (speedy trial). Those 90 days started in early January, and will finish in early April.

I am less than a month away from the final court date.

Haven't found a job since because I didn't want to work illegally and because I want to leave as soon as possible to get a job in Europe. I Can't leave the country because I have a court case against me, and that I am willing to fight it but cannot since the DA won't ever be "ready" since all the accusations are LIES and that I can prove each and everyone of them with both material evidence and witnesses.

The Criminal case will be dismissed in its entirety on that final court date. However, the Family Court case still hasn't started since I have never been served the papers. My lawyer told me I should accept the Order of Protection against me "without admitting" even though I never did anything. Therefore everything would be finished and I could then leave the country

I have a few questions:

Since I only stayed because of court dates, because I was responsible, (I didn't work illegally, or did anything illegal), why would they count this as an overstay? I was falsely accused/arrested! Why would this go against me?!

Will accepting an Order of Protection, in Family Court, have any effect on my future visa application?

Will the two arrests AND two dismissed cases (without trial) have any effect on my future visa application?

Overstay questions:

I know that if you overstay more than 180 days, then there is a 3 year ban, and if you overstay more than a year there is a 10 year ban:

I have overstayed because of the court cases, however, my OPT card was valid until mid-January. The final court date will be in mid-April. That will be 90 days after mid-January. Therefore it seems their wouldn't be any 3 year ban if it says I worked until mid-January.

How can USCIS know I didn't actually work at that company since June? I was in the system until the end (January 2013). It was showing I was working there until then (January 2013).

Do they already know I haven't worked since June? How?

When I'll apply for a H1-B visa in the next 2,3 years will they research this?

How can USCIS know I have overstayed my visa?

Thank you for your help!

[canadian_wife 1,822]

If you are not working I do not believe your OPT applies. When a company no longer employs a foreign worker, they report that to the labour board.

You overstayed as a result of your actions, I do not believe that this will be waived. It was not waived for overstays during the Iceland volcanic eruption which stranded many visitors in the US

good luck

[Villanelle 4,122]

Re- overstays. They know the date you came and they know the date you left because they are all knowing and powerful like that (?) I mean really what are you asking here? When you come and go things get stamped and scanned, there are records.

If and when you apply to come back, youre going to have disclose honestly your last time here and they will be able to see it as well, so it better be the truth and match what the records state.

And yes- overstay of more than 180 days but less than 1 year is a 3 yrs ban. It does not matter that you were arrested or needed to appear for court. The only 'waivers' to get overstay 'forgiven' are for minors, asylees, battered women and children, family unity protection, and human trafficking. So court cases and arrests dont qualify.

Re- how will they know you didnt work for the company? Not quite sure about the specifics on that. You didnt give a lot of details about that. Were you listed as an employee with the company until Jan 2013 but just did not actually have an hours since June? Youd have to contact the HR person at the company and ask specifically when they removed you from the company- if it was in June or in Jan. As Can_Wife said, when they remove you they notify the labour board and subsequently USCIS will pick up on it.

If the company left you on until Jan then I dunno. You were technically employed by them until Jan they just werent giving you any hours which sucks. If USCIS knows this, it could look like it was a sham job and thats not going to look good.

Re- court cases. Not sure what kind of visas youre going to be applying for in the future but if they include proving you are of 'good moral character' having an order of protection against you does not play into that. It shows you are a dangerous person and a threat to others. Orders of protection are valid for 5 yrs typically. It means you can not purchase a firearm, now or ever. Its a permanent mark that will never go away. It means you will be arrested if you are ever in the same place as that person even accidentally. Showing you were exonerated of the charges would be better in terms of your character then accepting a quick resolution if you plan on returning.

[Unluckyguy 2]

Re- overstays. They know the date you came and they know the date you left because they are all knowing and powerful like that (?) I mean really what are you asking here? When you come and go things get stamped and scanned, there are records.

If and when you apply to come back, youre going to have disclose honestly your last time here and they will be able to see it as well, so it better be the truth and match what the records state.

And yes- overstay of more than 180 days but less than 1 year is a 3 yrs ban. It does not matter that you were arrested or needed to appear for court. The only 'waivers' to get overstay 'forgiven' are for minors, asylees, battered women and children, family unity protection, and human trafficking. So court cases and arrests dont qualify.

Re- how will they know you didnt work for the company? Not quite sure about the specifics on that. You didnt give a lot of details about that. Were you listed as an employee with the company until Jan 2013 but just did not actually have an hours since June? Youd have to contact the HR person at the company and ask specifically when they removed you from the company- if it was in June or in Jan. As Can_Wife said, when they remove you they notify the labour board and subsequently USCIS will pick up on it.

If the company left you on until Jan then I dunno. You were technically employed by them until Jan they just werent giving you any hours which sucks. If USCIS knows this, it could look like it was a sham job and thats not going to look good.

Re- court cases. Not sure what kind of visas youre going to be applying for in the future but if they include proving you are of 'good moral character' having an order of protection against you does not play into that. It shows you are a dangerous person and a threat to others. Orders of protection are valid for 5 yrs typically. It means you can not purchase a firearm, now or ever. Its a permanent mark that will never go away. It means you will be arrested if you are ever in the same place as that person even accidentally. Showing you were exonerated of the charges would be better in terms of your character then accepting a quick resolution if you plan on returning.

OK for the date I came in and out I get it.

So basically my main worry is about if they can know when I stopped working. The company I worked for was very small and the manager wasn't good at all so it is very likely they didn't take me off. There is also a possibility they never put me in since they didn't know what to do with me since I was their first OPT student ever.

So, when you put your name in the system (and the name of the company) and that it doesn't get erased, or changed, until the end of the OPT card is this what USCIS look for? Or do they contact the company itself straight away? I really don't think that the company will still have any records of me having worked there when I'll apply for a visa in 2,3 years since I only worked there for 4,5 months.

Basically I need to know what USCIS will be looking for, to determine if I worked there or not after June. Is it possible that since I was in the system until January 2013 that this is all USCIS is going to look for, or are they going to actually call the company (I have no idea how they are going to do that since there wasn't a phone number as it was a very small business, door-to-door selling). It is very important to see if they are going to find out or not because IF NOT it would then mean I have overstayed less than 180 days and wouldn't have the 3 year ban, right?

No the Order of Protection would last 6 months to 1 year if I understood right. Are you 100% sure it would have an effect on my future H1-B visa application? Have you really got the knowledge to answer this question?

[Unluckyguy 2]

Re- overstays. They know the date you came and they know the date you left because they are all knowing and powerful like that (?) I mean really what are you asking here? When you come and go things get stamped and scanned, there are records.

If and when you apply to come back, youre going to have disclose honestly your last time here and they will be able to see it as well, so it better be the truth and match what the records state.

And yes- overstay of more than 180 days but less than 1 year is a 3 yrs ban. It does not matter that you were arrested or needed to appear for court. The only 'waivers' to get overstay 'forgiven' are for minors, asylees, battered women and children, family unity protection, and human trafficking. So court cases and arrests dont qualify.

Re- how will they know you didnt work for the company? Not quite sure about the specifics on that. You didnt give a lot of details about that. Were you listed as an employee with the company until Jan 2013 but just did not actually have an hours since June? Youd have to contact the HR person at the company and ask specifically when they removed you from the company- if it was in June or in Jan. As Can_Wife said, when they remove you they notify the labour board and subsequently USCIS will pick up on it.

If the company left you on until Jan then I dunno. You were technically employed by them until Jan they just werent giving you any hours which sucks. If USCIS knows this, it could look like it was a sham job and thats not going to look good.

Re- court cases. Not sure what kind of visas youre going to be applying for in the future but if they include proving you are of 'good moral character' having an order of protection against you does not play into that. It shows you are a dangerous person and a threat to others. Orders of protection are valid for 5 yrs typically. It means you can not purchase a firearm, now or ever. Its a permanent mark that will never go away. It means you will be arrested if you are ever in the same place as that person even accidentally. Showing you were exonerated of the charges would be better in terms of your character then accepting a quick resolution if you plan on returning.

You mentioned in the only "waivers" "battered women and children". Don't I have a case for having been battered? I am clearly the victim of a crazy girl who is doing everything she can to destroy me and my reputation evne though she knows I didn't do anything wrong.

What was I supposed to do after being falsely accused/arrested? I couldn't leave the country! I had to WAIT for the court dates. How can this go against me!? I understand it should if I were convicted, but I will never. So why would it play against me?!

[newacct 688]

So basically my main worry is about if they can know when I stopped working. The company I worked for was very small and the manager wasn't good at all so it is very likely they didn't take me off. There is also a possibility they never put me in since they didn't know what to do with me since I was their first OPT student ever.

Actually, "they" don't "put you in" or "take you off". While on OPT, you are responsible for reporting to your school's international office every time you start and end a job.

Overstay questions:

I know that if you overstay more than 180 days, then there is a 3 year ban, and if you overstay more than a year there is a 10 year ban:

I have overstayed because of the court cases, however, my OPT card was valid until mid-January. The final court date will be in mid-April. That will be 90 days after mid-January. Therefore it seems their wouldn't be any 3 year ban if it says I worked until mid-January.

As above, you were responsible for reporting that you stopped working; and you failed to do that. There is a limit of 90 days that you can be unemployed while on OPT. If you exceed that, then you technically lose your OPT status.

I don't know how many days of unemployment you may have accumulated before you lost your job in June. If you had accumulated no days of unemployment before then, then you would have 90 days since you lost your job (so until mid-September) when you would still be in valid OPT status. Your overstay would start when that ended.

So it may be that you're just coming up on 180 days around now.

Edited March 13, 2013 by newacct

[Villanelle 4,122]

First- Im not sure if your post belongs in this section or the effects of major changes forums. Im sure a mod will be along to review it and move if it deemed necessary.

Second. I understand this is a highly charged emotional situation for you. This is a do-it-yourself immigration site, not a legal aid site. Very few people here are lawyers and anyone who answers does so to the best of their ability and does so to help others. There are sites you can pose legal questions on and get responses from lawyers. Try AWO.com. There are places you can pay for consultations, there are lawyers you can call for consults. (try the site in this thread- http://www.visajourney.com/forums/topic/417941-if-you-are-seeking-a-quick-consult-with-a-pro) Like I said, I understand you are emotionally charged so Im going to give you some slack, but you have to remember people who answer here do so to the best of their abilities and knowledge.

----

As for your company- I really dont know what kind of answers your looking for. Visa Journey has a strict policy regarding fraud and it seems like youre fishing for a loophole (?) Your question seems to be loosely worded - what if my company did not follow proper procedures and didnt 'log me' properly- do I still have to disclose my working for them on future visa applications? Is that basically it? The answer is a resounding YES. With out a doubt yes. Even if you were 110% sure that no record existed and lets be honest, you can not be 110% sure that no record is in existent because you do not have that knowledge currently, but even if you did, you would be lying. Lying on a visa application makes you inadmissible. Period.

You also threw in something odd at the end- something about- "It is very important to see if they are going to find out or not because IF NOT it would then mean I have overstayed less than 180 days and wouldn't have the 3 year ban, right?" This is an odd statement. Your visa was issued for a set period of time. When it was issued the rules should have been explained to you. One of the rules was you needed to depart when it expired otherwise you would be out of status. Here is the exact wording from the DOS website.

"Failure to depart the United States on time will result in you being out of status, can void your visa, and may make you ineligible for visas you may apply for in the future. Review Visa Denials, Ineligibilities and Waivers: Laws, and section 222(g) of the Immigration and Nationality Act to learn more."

Another rule is when you have the visa you can not be out of work for more then 90 days. So you are allowed only 90 total days of unemployment. After 90 days of unemployment the student can be considered in violation of maintaining their status unless you have

1) Transferred to continue your education at the same or another educational institution;

2) Departed the US; or

3) Changed visa status

So youre going to need to find out if you fall into that category. How long was your visa valid for- how long were you unemployed? Were you unemployed? Were you employed but just not getting any hours? Do you understand what Im getting at here?

Records dont disappear.

---

Re- the order of protection. I do not know what your attorney told you. There are two types of restraining orders (thats commonly what they are called) temporary ones and permanent ones. A temporary on is just that- its a temporary one for immediate protection until everyone can come to court and sort it out.

Here is a link about permanent orders. They can be issued anywhere from 1-5 years. It seems in NYC they average around 2 yrs.

http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/76-orders-of-protection-fact-sheet

here is an overview of what happens but it is geared towards women and how to obtain one from their abuser.

http://www.inmotiononline.org/assets/pdfs/TheBasicsSeries_English/Orders_of_Protection_in_NYS.pdf

[Villanelle 4,122]

You mentioned in the only "waivers" "battered women and children". Don't I have a case for having been battered? I am clearly the victim of a crazy girl who is doing everything she can to destroy me and my reputation evne though she knows I didn't do anything wrong.

What was I supposed to do after being falsely accused/arrested? I couldn't leave the country! I had to WAIT for the court dates. How can this go against me!? I understand it should if I were convicted, but I will never. So why would it play against me?!

If your court case was to drag on and it was to cause you to have more then 180 days overstay, triggering you to incur the 3yr ban I suppose you could attempt to plead your case that you fall into a waiver category.

I honestly do not know how successful you would be. Its kind of a stretch to claim you were battered. You have no police reports where you were the victim. You are the defendant in this case. The battered women and children waiver (which does cover men btw) is designed to offer relief to those who accumulated overstay because they were prevented from leaving because of an abusive or controlling partner.

From USCISs POV they can say, well you couldve left on time as your visa dictated. You were not in jail. It was not a mandatory appearance in that regard. You couldve obtained a new visa to come back to the hearing. The proper visa. There was no reason to overstay. You couldve requested the hearing be delayed until you obtained the visa if need be.

It would really depend. IMO its very unlikely though. I really can not see them attributing what you described as a battered victim waiver scenario and saying yeah, you couldnt leave for 180+ days. It was impossible, because its very possible for you to leave before the ban and return to settle your affairs with a different visa.

[Unluckyguy 2]

First- Im not sure if your post belongs in this section or the effects of major changes forums. Im sure a mod will be along to review it and move if it deemed necessary.

Second. I understand this is a highly charged emotional situation for you. This is a do-it-yourself immigration site, not a legal aid site. Very few people here are lawyers and anyone who answers does so to the best of their ability and does so to help others. There are sites you can pose legal questions on and get responses from lawyers. Try AWO.com. There are places you can pay for consultations, there are lawyers you can call for consults. Like I said, I understand you are emotionally charged so Im going to give you some slack, but you have to remember people who answer here do so to the best of their abilities and knowledge.

----

As for your company- I really dont know what kind of answers your looking for. Visa Journey has a strict policy regarding fraud and it seems like youre fishing for a loophole (?) Your question seems to be loosely worded - what if my company did not follow proper procedures and didnt 'log me' properly- do I still have to disclose my working for them on future visa applications? Is that basically it? The answer is a resounding YES. With out a doubt yes. Even if you were 110% sure that no record existed and lets be honest, you can not be 110% sure that no record is in existent because you do not have that knowledge currently, but even if you did, you would be lying. Lying on a visa application makes you inadmissible. Period.

You also threw in something odd at the end- something about- "It is very important to see if they are going to find out or not because IF NOT it would then mean I have overstayed less than 180 days and wouldn't have the 3 year ban, right?" This is an odd statement. Your visa was issued for a set period of time. When it was issued the rules should have been explained to you. One of the rules was you needed to depart when it expired otherwise you would be out of status. Here is the exact wording from the DOS website.

"Failure to depart the United States on time will result in you being out of status, can void your visa, and may make you ineligible for visas you may apply for in the future. Review Visa Denials, Ineligibilities and Waivers: Laws, and section 222(g) of the Immigration and Nationality Act to learn more."

Another rule is when you have the visa you can not be out of work for more then 90 days. So you are allowed only 90 total days of unemployment. After 90 days of unemployment the student can be considered in violation of maintaining their status unless you have

1) Transferred to continue your education at the same or another educational institution;

2) Departed the US; or

3) Changed visa status

So youre going to need to find out if you fall into that category. How long was your visa valid for- how long were you unemployed? Were you unemployed? Were you employed but just not getting any hours? Do you understand what Im getting at here?

Records dont disappear.

---

Re- the order of protection. I do not know what your attorney told you. There are two types of restraining orders (thats commonly what they are called) temporary ones and permanent ones. A temporary on is just that- its a temporary one for immediate protection until everyone can come to court and sort it out.

Thank you so much for your answer.

It really sounds like you think I'm bad for having stayed in the US. Or you didn't read my entire post or I simply don't understand your reasoning. I clearly stated that the only reason why I have overstayed my visa was because I had to wait for court dates! The case is going to be dismissed. The DA doesn't have any/enough evidence to go to trial.

My main point is that I have been falsely accused and arrested and THAT is the ONLY reason why I am still in the US. The ONLY reason why I overstayed my OPT. (My Visa still has like 2 years left on it). I was planning on leaving.

My point is that, what am I supposed to do when there is a court case against me?! I can't leave the country! They won't let me back in since I wouldn't have any reason to since on OPT you can't leave the country. I finished my school, graduated, so my F-1 isn't worth anything anymore.

What was I supposed to do?! How can it be criminal of me to stay in the US because of a court date for something I didn't do!? If I had left the country then I would never have been able to come back in because it would look like I fled the country, that I fled the courts... No, I stayed because I didn't do anything, I'm completely innocent and the case is going to be dismissed without a trial.

My ex knew did all this on purpose. She knew this would happen.

As per the OP, I was told somewhere that I could simply accept an OP without admitting to anything. Apparently the courts then wouldn't find any wrongdoing on my part. It's crazy that I have to accept a punishment for something I didn't do. But apparently that wouldn't have any effect on immigration as it is only Family Court...

How can I NOT be the victim here?! I'm trapped in the US until the court date. I couldn't leave...

[Unluckyguy 2]

If your court case was to drag on and it was to cause you to have more then 180 days overstay, triggering you to incur the 3yr ban I suppose you could attempt to plead your case that you fall into a waiver category.

I honestly do not know how successful you would be. Its kind of a stretch to claim you were battered. You have no police reports where you were the victim. You are the defendant in this case. The battered women and children waiver (which does cover men btw) is designed to offer relief to those who accumulated overstay because they were prevented from leaving because of an abusive or controlling partner.

From USCISs POV they can say, well you couldve left on time as your visa dictated. You were not in jail. It was not a mandatory appearance in that regard. You couldve obtained a new visa to come back to the hearing. The proper visa. There was no reason to overstay. You couldve requested the hearing be delayed until you obtained the visa if need be.

It would really depend. IMO its very unlikely though. I really can not see them attributing what you described as a battered victim waiver scenario and saying yeah, you couldnt leave for 180+ days. It was impossible, because its very possible for you to leave before the ban and return to settle your affairs with a different visa.

What? How could I have come back? It was a mandatory appearance, at the arraignment they gave me a paper with date and time of when to come back to court. The same thing at each court date. Those were the reasons why I had to stay. I was NEVER told I could leave the country and come back.

FOr the first incident, yes I did a report and gave it to the police. However, no I haven't been battered by her repeatedly to prevent me from leaving...

Also, I had no idea when the next court dates were going to be so it's not like I could just leave. If I wasn't present in court they would have sent a warrant on me and whenever i'd try to come back to the US they would put me in jail straight away.

I had to stay. I'm still here. Losing a lot of money since I'm not working illegally. I AM the victim.

[Villanelle 4,122]

Im not trying to give you a hard time. I can assure you I have read everything you wrote. Some of your information is spotty.

This is what I can gather.

--You were arrested once and the case was dismissed. 90 day speedy trial. This in itself should not put you anywhere near the 180 day period for an overstay, nor be held against you for obtaining a new visa in the future as the charges were dismissed because they were unfounded. So I really dont see all the moaning and whining about how this is oh so unfair. Yes, its unfortunate. But it was resolved in 90 days. Theres no mark against you.

--a restraining order was issued and you VIOLATED IT. You maintain you did not intentionally violate it as it was not served properly. You were then charged with a second criminal case which you are currently fighting. You expect it to be dismissed in apx 90 days.

--you have a pending family court case where a order of protection may or may not be granted. You can either oppose it being granted or try to fight it. Most likely your position wont matter in the end. The court will do what they think is in the best interest of the alleged victim. If they feel she is in danger, they will grant her the order.

While you may think Im being harsh, Im just giving you the facts, and the facts are the USCIS has no room in immigration for sob stories or I really wanted to leave but I couldnt because circumstances beyond my control happened. See Can-wife post above ie volcanic eruption= sorry no waiver.

USCIS is not a sympathetic organization. Every immigrant has a story filled with trials and tribulations. There are very few waivers available and they are very hard to prove.

So yes, while I get why you stayed, waiver wise, I honestly dont think you have a leg to stand on. If you pass the 180 day mark, the ban will be in effect.

Like I said, you can attempt to make a case that you were a battered victim, but I dont forsee it being approved. If it does go that route, I would suggest you consult with a qualified attorney to prepare your next visa application and the appropriate waiver to attempt to overcome the ban, because its definitely not a do-it yourself situation.

Having an order of protection issued against you is not going to be helpful in making you appear to be the battered victim either, so I would suggest you do everything in your power to ensure one is not granted.

You are correct, you can accept an OP with out admitting to anything. A lot of abusers do. Its loosely speaking part of the constitution- not incriminating yourself. You dont have to admit to wrong doing. You can simply show up and accept it, or in some cases, not show up at all and it will be granted in your absence.

Possible effects on US immigration would be like I said before, if the visa requires you to be of good moral character- having a order of protection issued against you shows the opposite. How would they know? Again thats a slippery slope. You never really know what records can be seen. Misrepresentation is lying. Lying will cause the visa not to be issued. Lying by omission is lying. You never want to lie or omit things.

[VanessaTony 3,567]

It really sounds like you think I'm bad for having stayed in the US. You broke the law. That is a fact. Whether you "wanted" to or not is irrelevant. Or you didn't read my entire post or I simply don't understand your reasoning. I clearly stated that the only reason why I have overstayed my visa was because I had to wait for court dates! No, you didn't. Your status, above all else is most important. The crimes you are defending do not affect you as much as your overstay now will. The case is going to be dismissed. The DA doesn't have any/enough evidence to go to trial.

My main point is that I have been falsely accused and arrested and THAT is the ONLY reason why I am still in the US. The ONLY reason why I overstayed my OPT. (My Visa still has like 2 years left on it). I was planning on leaving. You didn't NEED to stay. That's why you hired an attorney. you could have appeared via telephone, or webcam. You could have sought a visa to enter and attend the hearing. You couldn't be punished as long as you were following the law. Your attorney would have told the judge that you could not appear in person due to immigration issues, you are not the first or last to have such issues. Scary? Yes. But that's all an option

My point is that, what am I supposed to do when there is a court case against me?! I can't leave the country! They won't let me back in since I wouldn't have any reason to since on OPT you can't leave the country. I finished my school, graduated, so my F-1 isn't worth anything anymore. Get another visa. Apply for special permission to enter and attend court. Appear via webcam or telephone. All options you should have looked into. You should have (a bit late now but maybe helpful to someone else) told them that your status was expiring, you could have tried applying for an extension, did you contact USCIS? Did you seek out an immigration lawyer to find out your options?

What was I supposed to do?! How can it be criminal of me to stay in the US because of a court date for something I didn't do!? If I had left the country then I would never have been able to come back in because it would look like I fled the country, that I fled the courts... No, I stayed because I didn't do anything, I'm completely innocent and the case is going to be dismissed without a trial. You broke the law. You stayed based on a belief that you didn't look into. You COULD have left, that's not fleeing if your attorney appears for you. Your status was expiring, you had proof of that. You could have explained that to the Judge.

As per the OP, I was told somewhere that I could simply accept an OP without admitting to anything. Apparently the courts then wouldn't find any wrongdoing on my part. It's crazy that I have to accept a punishment for something I didn't do. But apparently that wouldn't have any effect on immigration as it is only Family Court... That' because you asked the wrong question. Domestic violence (which is basically what she's accusing you of) is a serious issue for USCIS. Simply being arrested is bad as well. Technically they're right, it not likely to seriously affect current immigration (as in if you're a GC holder you won't be deported)but applying later you will have on your record that you have an Order of Protection against you. That will paint you as an abuser, whether you didn't admit to anything or not. I personally would not accept it, not when you're so sure it's going to be dismissed

How can I NOT be the victim here?! I'm trapped in the US until the court date. I couldn't leave...Well she is the "victim" because you are the defendant but you're right, you feel like you had no option but to stay and defend yourself. You feel trapped by this court situation and now, it's going to affect you more than you currently realise.

Okay, you're not going to like my answer either. Responses in red above.

Basically, you could have left. You could have shown the judge that you are preserving your status and need to leave but get permission to apply be teleconference or webcam or simply via your lawyer. You don't need to appear at EVERY hearing that you ever have, especially at a continuance.

Personally I would look into your options NOW and leave asap. You should be fine to appear via webcam or teleconference. Even if it is held-up you don't need to be there to be told that. you're not being locked up, you're having something entered against you. in fact, i would like to think "I'm leaving the country" is a good reason for the judge to say "why are we bothering with an OP when the OP is leaving the country?".

[VanessaTony 3,567]

What? How could I have come back? It was a mandatory appearance, at the arraignment they gave me a paper with date and time of when to come back to court. The same thing at each court date. Those were the reasons why I had to stay. I was NEVER told I could leave the country and come back.

FOr the first incident, yes I did a report and gave it to the police. However, no I haven't been battered by her repeatedly to prevent me from leaving...

Also, I had no idea when the next court dates were going to be so it's not like I could just leave. If I wasn't present in court they would have sent a warrant on me and whenever i'd try to come back to the US they would put me in jail straight away.

I'm not going to go into a long explanation of what you were most likely given at court but basically they were notices of hearing. Your attorney could have entered an appearance for you. A lot of people think a summons means they HAVE to attend court. It depend a lot on the type of summons, same with Notices of Hearing.

Did you ask your attorney to enter an appearance for you? did you mention to the judge that you needed to leave the country?

Also, it's not their job to tell you what you can do. It's your job to know about your status and what avenues are open to you, or hire an attorney to find out.

So basically my main worry is about if they can know when I stopped working. The company I worked for was very small and the manager wasn't good at all so it is very likely they didn't take me off. There is also a possibility they never put me in since they didn't know what to do with me since I was their first OPT student ever.

So, when you put your name in the system (and the name of the company) and that it doesn't get erased, or changed, until the end of the OPT card is this what USCIS look for? Or do they contact the company itself straight away? I really don't think that the company will still have any records of me having worked there when I'll apply for a visa in 2,3 years since I only worked there for 4,5 months.

Basically I need to know what USCIS will be looking for, to determine if I worked there or not after June. Is it possible that since I was in the system until January 2013 that this is all USCIS is going to look for, or are they going to actually call the company (I have no idea how they are going to do that since there wasn't a phone number as it was a very small business, door-to-door selling). It is very important to see if they are going to find out or not because IF NOT it would then mean I have overstayed less than 180 days and wouldn't have the 3 year ban, right?

No the Order of Protection would last 6 months to 1 year if I understood right. Are you 100% sure it would have an effect on my future H1-B visa application? Have you really got the knowledge to answer this question?

Assume that they reported you stopped working there, as they were supposed to. Hoping or assuming otherwise is only damaging to you.

[Boiler 45,525]

All this happened after OPT was finished.

Changing status would have been the obvious answer but probably too late for that now.

Or leaving and coming back on a tourist visa for whatever appearances you were required to attend.

All too late now of course.

[Unluckyguy 2]

If you are not working I do not believe your OPT applies. When a company no longer employs a foreign worker, they report that to the labour board.

You overstayed as a result of your actions, I do not believe that this will be waived. It was not waived for overstays during the Iceland volcanic eruption which stranded many visitors in the US

good luck

How did I overstay as a result of my actions? I said that I was falsely arrested. I was planning on leaving.

The DA never went to trial in the first case because of no/lack of evidence. Same thing with this new case.

I am ready to go to trial because I know how easy it will be to win it. I have both material evidence AND witnesses who are ready to testify. So, I can easily prove these are lies, let alone them trying to prove I did something. The problem is that you can ONLY go to trial when the DA is "ready" which he will never be since he knows my ex lied (my attorney told me the DA told her that).

Therefore I have NOT overstayed my visa as a result of MY actions, rather as a result of my ex's actions of falsely accusing/arresting me.

Since the ONLY reason I overstayed was because of the court dates, I don't see how it wouldn't be waived. I didn't do anything wrong. I haven't worked since, I have lived on my own savings. I have just patiently been waiting for the next court date as a responsible young man would do. This shows that I didn't have any other incentive to stay.

I am sorry but it isn't like the Icelandic volcanic eruption lasted a month or so. Also, people could've changed their itinerary and made sure they left the US territory on time (Mexico, Canada, etc). I know it is kind of crazy but in theory they could have done something. I couldn't. I got falsely accused and therefore had court dates I had to attend.

I hope USCIS and/or DHS will understand this.