Overstayed because falsely accused, have to wait for court date

[Boiler 45,809]

It may be relevant.

[Unluckyguy 2]

It may be relevant.

You have yet to explain how

[Unluckyguy 2]

Just to make sure everyone knows, I will only be looking for an H1-B visa or a green card in the future. I'm not looking to go on a visit to the US, I've spent the last 8,9 years of my life here...

Like I said, I gathered that the fact that I overstayed because of the court won't waive the ban. So, looks like I'd get a 3-year ban.

Now, what I really want to know is

(1) If the two arrests that didn't lead to ANY conviction or guiltiness would have any effect on getting a H1-B or Green Card, or even any other visa?

(2) If I "accept to have an OP WITHOUT ADMITTING" (More than likely a 1 year OP) against me in Family Court, at the next court date, in order to have the case finished without a trial so that I can go back to Europe: Will this have an effect on the H1-B application or GC 3 years from now?

Also, since I plan on leaving the US right after the case, and since I will be banned for 3 years, will the judge really need to give an OP? Maybe the case could get done this way no?

I don't really need what you think, I need the actual answers.

[VanessaTony 3,567]

Just to make sure everyone knows, I will only be looking for an H1-B visa or a green card in the future. I'm not looking to go on a visit to the US, I've spent the last 8,9 years of my life here...

Like I said, I gathered that the fact that I overstayed because of the court won't waive the ban. So, looks like I'd get a 3-year ban.

Now, what I really want to know is

(1) If the two arrests that didn't lead to ANY conviction or guiltiness would have any effect on getting a H1-B or Green Card, or even any other visa?

(2) If I "accept to have an OP WITHOUT ADMITTING" (More than likely a 1 year OP) against me in Family Court, at the next court date, in order to have the case finished without a trial so that I can go back to Europe: Will this have an effect on the H1-B application or GC 3 years from now?

Also, since I plan on leaving the US right after the case, and since I will be banned for 3 years, will the judge really need to give an OP? Maybe the case could get done this way no?

I don't really need what you think, I need the actual answers.

You, are extremely frustrating. First off. We've told you, there will be NO BAN because of your D/S I-94. That was mentioned a few pages ago.

As to the rest. Yes. We've told you this multiple times. YES, BOTH of 1 and 2 will be an issue. Will it stop you being approved? only time will tell, and it depends on your interviewer. They make the decisions.

You have your answers. You've had your answers for the last 5 pages, but you refuse to listen and refuse to believe. We've explained to you how USCIS works, you don't believe us and want proof. So, meet with an immigration attorney before you leave. Get the LEGAL advice you are asking for based on your situation and hopefully you'll believe them.

Good luck in the future.

[LIFE'SJOURNEY 970]

What was the message in the text, that is what the DA is focusing on. That's why he isn't dismissing this case. Based on your level of trying to be in the right here, I can only wonder at the content of the message you texed to GF .

[Villanelle 4,122]

Brother Hesekiel, on 15 March 2013 - 09:32 PM, said:

Unlucky guy,

the very moment you have accumulated as little as 1 day of unlawful presence, commonly referred to as "overstay," you are not eligible for the Visa Waiver Program (VWP) anymore and need to apply for a visa, even if you are from a country that participates in the VWP.

The 3 year bar means in plain English "don't you dare showing your face here before the bar has been served." After the bar has been served, you are free to apply for a visa and you will be denied, based on your history of overstay, your history of having been in trouble with the law, and the aftershave you're using. The U.S. consulate has full discretion in whom to issue a visa, and the only person they are answering to is John Kerry or his boss, Barack H. Obama.

Thus, you can assume with about 99% certainty that no US consulate will issue you a non-immigrant visa again, unless you give them a darn good reason to. A successful H1-B petition is such a reason (after the bar has been served), and of course an I-129F (being the fiance of a U.S. citizen or LPR) as well as an I-130 petition (being the spouse of a U.S. citizen or LPR) is a really good reason to do so. Short of that, you'll be shown the door and denied, that's just how the good people in the consulates roll.

Regarding your ex-girlfriend . . . have you lost it?

Why do you keep on giving false information out? Why are you doing this?

Brother is not giving you false information. He is giving you the basic facts. You just keep getting hung up on these loops insisting that THIS does not apply to you.

Hes explaining in very simple terms- if the following conditions happen: theres a bar- you cant apply. (its debatable now if you have a bar, your not having a job wouldve caused overstay causing a bar, however the new information about the D/S tag on your 1-94 may exclude from the bar. The links provided seem to confirm that. You need to speak to someone to verify that. Because I dont know of any other way to find out if a bar exists short of going down and applying and being denied and told there is one. I mean does anyone know? When you finally leave do they tell you- because you left on this date you have a bar? Is there a number you can call to inquire?)

Moving on hes stating the fact that the consulate has full discretionary power on whether to issue the visa. Providing you have no bar and are eligible- They will review your previous overstays. They will review your past criminal record. And it will only be issued if you give them a darn good reason.

--

You seem to be hung up the fact and take great offense when ever someone says - you have trouble with the law. Youre refusing to see it that way. USCIS is going to consider it 'trouble with the law'. It doesnt matter that you dont like the wording, or you think its unfair that it has to be taken into consideration when you apply for a visa for the future, it does. You need to get over it. An incident happened where you had interactions with the police and court system. USCIS is going to review it prior to issuing you a new visa.

[Villanelle 4,122]

(1) If the two arrests that didn't lead to ANY conviction or guiltiness would have any effect on getting a H1-B or Green Card, or even any other visa?

(2) If I "accept to have an OP WITHOUT ADMITTING" (More than likely a 1 year OP) against me in Family Court, at the next court date, in order to have the case finished without a trial so that I can go back to Europe: Will this have an effect on the H1-B application or GC 3 years from now?

Also, since I plan on leaving the US right after the case, and since I will be banned for 3 years, will the judge really need to give an OP? Maybe the case could get done this way no?

I don't really need what you think, I need the actual answers.

Again to obtain a visa, you need to be eligible (not having a bar), you need a good reason to be here (a job like a H1B or a valid family petition) and then theyre going to review your records. You may need some type of waiver if they determine you are a 'bad' person. (the OP was issued against you or your court docs show the cases were not dismissed because you were innocent but rather because the DA chose not to go forward or time ran out on them) I dont know what your papers look like. I dont know how they will be interpreted. I know how you want them to be interpreted. I know how youre going to present them, but I dont know how the consulate is going view them. If they view them as 'youre trouble'- you will need the waiver to show additional proof that you are not a threat or 'trouble' and are admissible.

Once you are in the states, unless youre trying for it from the start- if you then go from an H1b to a greencard through your employer, Im inclined to think the arrests wont matter as much on the GC application (it will still come up as you will be required to do fingerprints) but its an employment based GC application. So it really shouldnt be an issue.

However if you try to obtain a GC in the states through a marriage to a LPR or USC that you subsequently meet while living here again (because you never know what direction your life takes)The arrest record is going to come up again. It is going to be a slight issue, because it will call into question your moral character yet again. And the general concept is- a person with a poor moral character will have little issue committing immigration fraud by marrying for benefits. They will scrutinize your marriage harder and give you a tougher time then you wouldve had otherwise. (esp since these charges were DV based)

Edited March 16, 2013 by capri

[Unluckyguy 2]

What was the message in the text, that is what the DA is focusing on. That's why he isn't dismissing this case. Based on your level of trying to be in the right here, I can only wonder at the content of the message you texed to GF .

I guess you are talking about the email I sent at 2pm that day:

It was really short "I forgive you for what you did, I still love you. I would like for us to talk to know each other's positions. Please answer so I know". The detective who arrested me told me whilst I was in the precinct that the email was very nice but that he had an affidavit that said I got serve at 10am and that the email was sent at 2pm. I even showed him the text from my neighbor (at 6pm) telling me my ex was in front of the house to serve me papers. The detective knew I wasn't lying and said "I'm only doing my job man, I'm sorry for you"...

As I said before: The breach of OP charge has been dropped. If it wasn't I would be in prison right now as a breach of OP is a felony and is court-ordered...

[Unluckyguy 2]

Brother is not giving you false information. He is giving you the basic facts. You just keep getting hung up on these loops insisting that THIS does not apply to you.

Hes explaining in very simple terms- if the following conditions happen: theres a bar- you cant apply. (its debatable now if you have a bar, your not having a job wouldve caused overstay causing a bar, however the new information about the D/S tag on your 1-94 may exclude from the bar. The links provided seem to confirm that. You need to speak to someone to verify that. Because I dont know of any other way to find out if a bar exists short of going down and applying and being denied and told there is one. I mean does anyone know? When you finally leave do they tell you- because you left on this date you have a bar? Is there a number you can call to inquire?)

Moving on hes stating the fact that the consulate has full discretionary power on whether to issue the visa. Providing you have no bar and are eligible- They will review your previous overstays. They will review your past criminal record. And it will only be issued if you give them a darn good reason.

--

You seem to be hung up the fact and take great offense when ever someone says - you have trouble with the law. Youre refusing to see it that way. USCIS is going to consider it 'trouble with the law'. It doesnt matter that you dont like the wording, or you think its unfair that it has to be taken into consideration when you apply for a visa for the future, it does. You need to get over it. An incident happened where you had interactions with the police and court system. USCIS is going to review it prior to issuing you a new visa.

If what you say is true about the fact that simply being arrested and NOT being convicted could have anything to do against me getting a visa then the system is completely senseless. I will see an immigration attorney asap and will see if what all you guys are saying is true.

Thank you for everyone's help/concern.

[Unluckyguy 2]

Again to obtain a visa, you need to be eligible (not having a bar), you need a good reason to be here (a job like a H1B or a valid family petition) and then theyre going to review your records. You may need some type of waiver if they determine you are a 'bad' person. (the OP was issued against you or your court docs show the cases were not dismissed because you were innocent but rather because the DA chose not to go forward or time ran out on them) I dont know what your papers look like. I dont know how they will be interpreted. I know how you want them to be interpreted. I know how youre going to present them, but I dont know how the consulate is going view them. If they view them as 'youre trouble'- you will need the waiver to show additional proof that you are not a threat or 'trouble' and are admissible.

Once you are in the states, unless youre trying for it from the start- if you then go from an H1b to a greencard through your employer, Im inclined to think the arrests wont matter as much on the GC application (it will still come up as you will be required to do fingerprints) but its an employment based GC application. So it really shouldnt be an issue.

However if you try to obtain a GC in the states through a marriage to a LPR or USC that you subsequently meet while living here again (because you never know what direction your life takes)The arrest record is going to come up again. It is going to be a slight issue, because it will call into question your moral character yet again. And the general concept is- a person with a poor moral character will have little issue committing immigration fraud by marrying for benefits. They will scrutinize your marriage harder and give you a tougher time then you wouldve had otherwise. (esp since these charges were DV based)

I still can't believe that they would take decisions based on "CHARGES" this sounds stupid to me. How easy is it to accuse someone of something and get them arrested in the US? -> VERY simple, call the cops. That's it. They will come and arrest you WITHOUT ANY proof other than what that person says. It's crazy. Nothing has been proven. Then you go to jail, arraignment, and wait. Wait until the case passes 90 days of "speedy trial", and finally there is NO TRIAL and your case is automatically DISMISSED without you having had the right to a fair trial. Without getting the chance to defend myself. Then, the "Dismissed" case appears on your criminal record! You are still the same innocent person who someone called the cops on simply because they were angry at you.

Now, I learn that USCIS would use those unproven "CHARGES" against me... What in the world!?

So basically you think I should NOT go with what my Public Defender is saying (accepting the Order of Protection against me without admitting) and that I should fight the case by all means, right?

[Boiler 45,809]

I will see an immigration attorney asap and will see if what all you guys are saying is true.

Something you should have done 9 months ago.

[Brother Hesekiel 2,236]

And the Lord said:

"I can show them the light and the path to enlightenment, but not if they run in the opposite direction . . . "

[Boiler 45,809]

For the agnostics You can take a Horse to Water....

[erynaught 43]

So basically you think I should NOT go with what my Public Defender is saying (accepting the Order of Protection against me without admitting) and that I should fight the case by all means, right?

The Public Defender works for the State/County, not for you. Whatever they recommend will be in the best interest of the State/County; you're interest comes last.

Waiting this long before you seek the advice of a competent immigration attorney?

You need to stop whining and take control of your situation.

[newacct 688]

The Public Defender works for the State/County, not for you. Whatever they recommend will be in the best interest of the State/County; you're interest comes last.

Not true. The whole point of the public defender is to put your interest first. Public defenders do better jobs than many lawyers in defending you.