Overstayed because falsely accused, have to wait for court date

[Boiler 45,553]

What does the I 94 you received when you entered say?

[Unluckyguy 2]

I apologise I was wrong about the inability to get a waiver for a non-immigrant visa. The rest still stands.

The ban is the ban on applying. You can apply during the ban period but it would be automatically denied because of the ban (except for the waiver stuff). After the ban period is over you can try applying for another visa. You would not only need to prove all that stuff that was previously explained, but you've now got documented history of overstaying. Without STRONG ties they'll simply deny you entry for risk of overstay, not necessarily the criminal stuff. The overstay implies that you don't care about the rules of your visa and just do what you want, so why should they believe you when this time you say you won't overstay? I'm not accusing you of this, I'm trying to show you that USCIS honestly doesn't care WHY you overstayed, they just care that you did. You'll see on that waiver page mention of a humanitarian entry, that's the last ditch effort for entry for the court dates.

Re the criminal stuff, yes I do know that simply being accused of this, even being dismissed, can be held against you. You'll read all about this online. Even though technically you're SUPPOSED to be innocent until proven guilty, USCIS tends to assume that you're guilty, but they didn't have enough evidence to convict. So it's not like they see dismissed and think "oh, we can just ignore this". Instead they look at what you were charged with/arrested for/went to court for and determine whether or not they think you're "worth" being let in the US seeing you were arrested so they had to have had reason to arrest you. I'm not saying they DID have reason, I'm saying that that's what USCIS can think.

Your PD doesn't know immigration laws. Immigration attorneys sometimes aren't the best either, you've got to be careful you've got a good one instead of one that promises you the world - for the right price. Most likely your PD didn't ask the right questions and that's why they got the wrong answer.

http://www.temple.edu/isss/immigration/overstay.html

Well, I'm planning on going back to Europe and finally start working with a big company. I have had my HS diploma, my University degree, and my Masters in the USA. I hope that after working for about 2,3 years with a company in Europe, they will offer me a position in the USA since I am so familiar with this country. SO, it would be an H1-B Visa, or a Green Card.

It is absolutely DISGUSTING that the US keeps records of ARRESTS. WHY? Just give me one good reason why they do that? If they arrest you again for something similar but have no proof, that doesn't mean you did it this time and it certainly doesn't mean you did it the last time. So why keep records of arrests?

Why put dismissed cases on criminal records? Why put dismissed cases, WITHOUT TRIALS, on criminal records?!

WHY would USCIS judge OVER a US Court what happened even though they didn't do any investigation?! If they US court decided there wasn't enough evidence to go to trial...

on my record of the first incident it says "Dismissed- Speedy Trial Provisions" and "Counsel assigned"...

I have also done the research online but tend not to believe everything that is online. Especially when my PD tells me I have found false information online... It is possible that even all of you are wrong, just saying. Unless you can prove to me that what you say is true.

I will go and see an immigration lawyer ASAP to determine my next steps.

[Boiler 45,553]

I would ahve thought all countries keep records of prosecutions, successful or not.

[Unluckyguy 2]

What does the I 94 you received when you entered say?

Well it says D/S since I was on a F-1 Visa...

[Boiler 45,553]

Has your Status been terminated?

[Unluckyguy 2]

I would ahve thought all countries keep records of prosecutions, successful or not.

and Why would they keep records of the ones that didn't lead to convictions?

What do you mean by "Successful or not".

YOU could be as easily falsely accused as me and get arrested without ANY proof other than the person's testimony. I am a good guy, I NEVER did anything illegal, I always worked hard. I worked extremely hard to get to go to school in the US. I worked extremely hard to get High-Honor roll, scholarships, etc... in US schools. I even managed to get in one of the top Masters programs in the world, all this with English as my second language. I have NEVER had a police officer ask me ANYTHING my entire life. I always behave well and NEVER physically attacked ANYONE. I'm a good guy, who works hard for his dreams to come true.

Then, I met this girl... I did everything for her. Food, going out, paid everything, treated her like a gentleman. Forgave all her screams and humor spurts... and simply, one night she decided to get physical. I was so shocked I didn't even react at first, so she got me straight in the face for easily 5,6 seconds. I was frozen. I couldn't believe this was happening, she just turned evil in a single minute and there was nothing I could do. Then you know what happened after that...

Now all this happened.

What would happen if somehow the Criminal Case DA was ready and did ask for a trial and that I win the trial? Would that change anything? I mean I would still have 2 arrests and two cases, one dismissed and one won.

Do you really think that if I left and that I let my PD (who hasn't done ANYTHING for me, maybe because overworked) take care of it, that the outcome would be in my favor? I HIGHLY doubt it. So why would I have taken the risk to leave the country knowing there was a possibility I wouldn't make it back for a possible trial? Don't you think that the judge and DA would think that maybe I left the country because I was indeed guilty?

[Boiler 45,553]

I can not imagine Courts destroying records.

[Brother Hesekiel 2,236]

Unlucky Guy,

you've got some great advice. Especially Capri gave you a few hundred bucks worth of insight, free of charge. Understand that very few criminal attorneys (more so public defenders) have a clue about immigration law. Had you sought council from a AILA attorney when you were first faced with the problems you outlined, you'd gotten the advice to file an I-539 to keep your back clear. Too late now.

It's my personal opinion that you will most likely not be able to get any non-immigrant visa to the United States again, perhaps, and underline that term please, with the exception of an H1-B. Otherwise, the only way they'll ever allow you to set foot on US soil again is based on an approved I-130 petition. I'm just mentioning this to open your eyes to the fact that at this point you must be aware what you're up to. None of this has to do with assigning blame. Many people find themselves all of a sudden in an unexpected situation and make an error in judgement, so all of this is quite unfortunate for you, yet nothing you or anybody else can change or undo after the fact.

Edited March 15, 2013 by Brother Hesekiel

[Unluckyguy 2]

Has your Status been terminated?

What do you mean by terminated? I have no idea what you mean.

I had a F-1 Visa. I graduated from my Masters program. Then I got my OPT card, which gives foreign students the right to work in the US for 1 year after they graduated. There is a 90- unemployed days limit, which is awfully unfair especially in this economy. The OPT card started in mid-January. Started working March. I worked until June. Was then doing interviews. Then in end of June the first incident happened. I was still within the 90 days. Couldn't find a job before the 90 days were over so I stopped looking as I didn't want to work illegally and worsen my situation. I NEVER thought I could leave the country and come back. I wasn't told to. I had NEVER been arrested before, NEVER been in handcuffs before, NEVER been in jail before, NEVER been arraigned before, etc... EVERYTHING was all new to me, and on top of that I was extremely frustrated since I was completely innocent and had to go through all of this. I thought there was going to be a trial. I had no idea about the 90 day speedy trial thing. My PD wasn't communicating with me, would take 2,3 weeks for her to answer my emails and often it would only answer 2,3 of my questions out of 15-20. I had no idea what my rights were. The PD that foreign people get is the same as for an American, so they aren't immigration lawyers. That isn't fair. How is this justice? It was impossible for me to get the information. So, I just went by what my attorney told me to do, and that was to stay in the US and come back to court at the court date, which I did. The case got dismissed then. I waited about 100 days for that. I was so relieved. I was ready to leave. But, since I still had some love in my heart for my ex (even though what she did) I wanted to give her one last chance. I wanted her to know I was ready to forgive her... and that.... went even further in her evilness.

I'm still waiting for the final court date of the criminal Case in mid-April.

My F-1 Visa in my passport says it's valid until end 2014, but I think what counts is the I-20 from my Masters program and the OPT card.

[Unluckyguy 2]

Unlucky Guy,

you've got some great advice. Especially Capri gave you a few hundred bucks worth of insight, free of charge. Understand that very few criminal attorneys (more so public defenders) have a clue about immigration law. Had you sought council from a AILA attorney when you were first faced with the problems you outlined, you'd gotten the advice to file an I-539 to keep your back clear. Too late now.

It's my personal opinion that you will most likely not be able to get any non-immigrant visa to the United States again, perhaps, and underline that term please, with the exception of an H1-B. Otherwise, the only way they'll ever allow you to set foot on US soil again is based on an approved I-130 petition. I'm just mentioning this to open your eyes to the fact that at this point you must be aware what you're up to. None of this has to do with assigning blame. Many people find themselves all of a sudden in an unexpected situation and make an error in judgement, so all of this is quite unfortunate for you, yet nothing you or anybody else can change or undo after the fact.

Well, if I'd known then what I know now of course I would've done that. I Really don't understand why they would ban me. I have not gained anything from staying in the US. Like I said, I haven't worked since I was over the 90 unemployed days limit. I have been spending my fathers' inheritance ever since. If you think that is fun, you are wrong. I had people in Europe telling me I would get a job at their company if I left the US. But I stayed because I genuinely thought I HAD TO STAY. These last 8-9 months have been the worst of my life, I feel worthless since I am not working even though I had just graduated from one of the top Masters programs in the world...

It is impossible to think that I stayed because I wanted to. I don't see why they would ban me when I clearly didn't gain anything from staying here.

Why do you say I would likely not be able to get any non-immigrant visa to the US again? The punishment clearly is 3-year ban for Overstay in between 180 days and 365 days, and 10-years for over a year.

What would be the point of a 3-year ban, if you wouldn't be able to get another visa AT ALL?

Why do you say I would have to fill in an I-130 petition? I looked it up and it says it is for aliens who have relatives in the US who are permanent residents or who are citizens. I never said I had any of these. I don't.

Other people on this thread said that if I did have the OP that I would have to fill a form to prove I am of good moral.

But I don't intend on having that OP, I'm going to fight it. At least for my name, my honor.

[Unluckyguy 2]

I just found this article http://www.washingtontimes.com/news/2008/jun/17/court-rules-aliens-who-overstay-can-remain-to-appe/

"Voluntary agreements give foreign visitors who overstay their visas time to challenge their deportation if their circumstances show a need to remain". Well aren't the circumstances in my case showing a need to remain, as in I had to go to court?

Read more: http://www.washingtontimes.com/news/2008/jun/17/court-rules-aliens-who-overstay-can-remain-to-appe/#ixzz2NcMJykbo

[LIFE'SJOURNEY 970]

What I don't understand is how someone with all of this book knowledge wouldn't have thought to contact immigration about their problem of a possible overstay due to legal issues and ask to have their visa extended or issue another type of visa.

Yes, your legal problems will cause you issues in the future when you are trying to obtain another type of visa to the US. While you were waiting around for yor crimminal case to be resolved you should have been intouch wih immigraion.

Now since all of this is water over the bridge, you can only look a what to do to move forward.

[LIFE'SJOURNEY 970]

I just found this article http://www.washingtontimes.com/news/2008/jun/17/court-rules-aliens-who-overstay-can-remain-to-appe/

"Voluntary agreements give foreign visitors who overstay their visas time to challenge their deportation if their circumstances show a need to remain". Well aren't the circumstances in my case showing a need to remain, as in I had to go to court?

Read more: http://www.washingtontimes.com/news/2008/jun/17/court-rules-aliens-who-overstay-can-remain-to-appe/#ixzz2NcMJykbo

No, this isn't going to work, you are luckly that ICE hasn't detained you yet. Your legal issues are due to you being charged, not due to you being the victim of a crime.

[LIFE'SJOURNEY 970]

You really are looking at trying to fight the wrong thing, the overstay is not as big as the fact that you have two charges on your record.

[VanessaTony 3,567]

Well it says D/S since I was on a F-1 Visa...

Did you read the link I previously posted? http://www.temple.edu/isss/immigration/overstay.html Specifically this part (located at the bottom of the table):

INS and DOS developed a unified interpretation of a key triggering event for purposes of both INA § 222(g) and § 212(a)(9)(B): an alien is considered to have stayed in the United States "beyond the period of stay authorized by the Attorney General" [iNA § 222(g)(1)] or "after the expiration of the period of stay authorized by the Attorney General" [i.N.A. § 212(a)(9)(B)(ii)] only under the following circumstances:

1. The alien has remained in the United States after the expiration date recorded on Form I-94, without having applied for an extension or change of status; or

2. An immigration judge finds that a status violation has occurred; or

3. INS (DHS) determines in the course of adjudicating an application for an immigration benefit that there has been status violation, and the request for the benefit is denied

-- For those with a "D/S" I-94, only items 2 and 3 trigger the provision, since there is no expiration date on the I-94.

So because you have D/S on your I-94, I don't believe you've overstayed, technically, yet. So get this done and get out. Hopefully you should be okay on the overstay. The criminal stuff WILL still matter.

I just found this article http://www.washingtontimes.com/news/2008/jun/17/court-rules-aliens-who-overstay-can-remain-to-appe/

"Voluntary agreements give foreign visitors who overstay their visas time to challenge their deportation if their circumstances show a need to remain". Well aren't the circumstances in my case showing a need to remain, as in I had to go to court?

Read more: http://www.washingtontimes.com/news/2008/jun/17/court-rules-aliens-who-overstay-can-remain-to-appe/#ixzz2NcMJykbo

Doesn't apply to you. This is if ICE catches up to you (which can happen if you're arrested, they can put you in holding for ICE) they can then put you in removal/deportation proceedings. That's when this would apply to you.