Overstayed because falsely accused, have to wait for court date

[Unluckyguy 2]

What I do not get is he apparently has a master's, has had 9 months or so to research this issue and has not even grasped the basics.

Does not add up.

Maybe because I thought that this great country would surely have something for people who had to overstay their visas because of court dates. It never occurred to me that, being falsely accused could turn itself against me. It never occurred to me that in this great country a case would be dismissed after 90 days because the DA wasn't ready. It didn't occur to me that I could have ANYTHING on my criminal record WITHOUT having had the right to DEFEND myself in a trial, in court. It never occurred to me that my Public Defender wouldn't tell me that I had to make sure to leave the country and come back. It never occurred to me I could come back when I left a country where I had a case against me. My OPT status DIDN'T give me the right to leave the US territory and get back in.

YEs I have a masters, but not a masters in immigration law. I thought my Public Defender's job WAS TO tell me all these things.

I had NEVER been arrested before, never been to court, never antyhing to do with the justice system. I was clueless. On my own, broke, and my gf had just done one of themost horrible things a gf could do...

[Unluckyguy 2]

Exactly!

And this part from the first post blows my mind.

Why would you ever want to contact this woman again after what she did to you?? My reaction would be to get as far away from her as possible.

Have you ever heard of something called "love"? That will make you do these things. At the first incident, to my knowledge she was bipolar. She had just applied some cream to her yeast infection and that made her extremely uncomfortable. So when you match both these things what happens is she gets crazy. I just happened to be in the same room as her at that time. She then assaulted me in front of my neighbors. Then got scared that I would call the cops on her so she decided to call the cops on me and go outside to be the first one to talk to them. Basically I forgave her because I don't think she would have call the cops if my neighbors weren't pressuring me to. She must have thought that if the cops came she was done, since the neighbors saw everything, I had witnesses, and I had injuries when she didn't. She went on survival mode.

I don't get your point of bringing this up? Why? What is that going to change? Is it maybe because you don't believe my story? Well, I swear to god, that is the truth.

[CHarvey80 72]

This has been an interesting read...So far, I am not sure if the OP is trolling or just very confused :S

To the OP, you got some really good advice, so why don't you act on it? Go get yourself a better lawyer, call someone from Immigration and find out what you can do from now on to fix your situation. There is no point in trying to make us believe your story, our opinion doesn't matter. Do what you are supposed to and stop complaining about things not being the way they should. Things are the way the are no matter what you think. Maybe some other time we can discuss about our ideas of a perfect world, but now focus on the issue at hand.

Good luck.

[Unluckyguy 2]

Your situation is different because technically you were not in the 'black'. But the police did nothing wrong in promptly arresting you and charging you as they should have. She misrepresented to them when it was initially served. Youre stating the DA knows this. So now the DA can either drop the case, or allow it to go to trial where the DA will try to prove that it was served at 10am and you did violate it and you would have to prove it wasnt.

WHY do you keep on talking about the Order of Protection? I said that the judge understood there was an issue and dropped it. The judge simply asked for a new OP to be issued.

I have yet to get served that new OP since I changed addresses in between and they don't know where I live now. The DA knows this, the judge knows this. My ex invented 3 other stories. That is why there is still a criminal case pending.

I know it is hard to believe but the DA DOESN'T have to drop ANYTHING EVEN when the DA knows he should. THE DA has EVERY RIGHT to DRAG the case past the 90 day speedy-trial. The Case will then be automatically dismissed. Therefore the DA won't "Lose" the case. Yes, that's it. Yes, it's crazy.

Of course the outcome of the cases matters. It is very important that you show you did not violate the temporary order of protection. You are a decent and law abiding citizen. You did nothing wrong. Do not allow a mark on your record stating anything to the contrary.

Like I said, there is no breach of Order of Protection. The judge dropped it and ordered a new one to be served. I only talked about that "breach of OP" because I got falsely arrested for it, and that this will stay on my record. I think that isn't right.

If you pass the 180 days you'll have the ban. But you know that. Brother is saying your choices for new visas are going to be limited. The ones that you can apply the waiver for showing hey I do have a good moral character (if the OP is granted against you) you need to also show you have serious reason to be in the US- hence the only one would be the H1B. Wanting to come for vacation is not serious reason. A family based visa may also qualify as serious reason for being here. Maybe right now youre not thinking family, but if you are planning on working/living in the US in the future, there is a good chance you may end up with a USC or LPR spouse.

That great since the only visa I would want is the H1-B. I would also like a green card. I actually don't mind about eh 3 year ban since I would think I would have to work at least 2,3 years with a company to prove myself for them to offer me a job in the US.

I think things may not be as bad as they seem. You need to ensure your criminal case is closed and you are cleared of any wrong doing. You need to try your hardest to ensure the OP is not issued, if that involves hiring a prvt attrny for that matter then do it. If it is issued, its not the end of the world. A qualified immigration attrny can help you try to obtain future H1B visas when your ban is up. You must make sure you disclose everything that happened to them in advance though and they fill out the proper waivers, because if they dont, youre going to have more problems if it seems like you tried to misrepresent things by omitting it.

My criminal records are sealed. I can't do anything more. Like I said we CAN'T MAKE THE DA READY. THE DA can do whatever he wants. Therefore whenever the DA has nothing, or doesn't feel he has enough to win the trial, THE DA WILL USE UP ALL 90 day speedy trial to have the case dismissed. Again, Yes this is crazy.

Im not sure if you initially disclosed to the school or OPT program when you stopped working for the company in June. If you havent, you may want to look into that. There may be penalties for failing to report that you stopped working. You do not want that. The last thing you need is for them to think you are trying to conceal your overstay. (Im not familiar with the OPT programs or who you report to- but Im assuming you have some kind of contact?)

I contacted my school about all this, they are all well aware and since the people know me really well there, they already know I would never have done any of these things. Fact is that I overstayed my visa for more than 180 days and less than 1 year BECAUSE of this COURT CASE. I had no idea I could leave the country and come back for a trial. I definitely didn't have enough money to spend on plane tickets for every court dates. I do have emails of back then with my attorney telling them I would overstay if I didn't leave. The response was for me to stay in the US until the case was finished.

[Unluckyguy 2]

This is very interesting. I found an official version from the USCIS site here, and the Example 3 here is very helpful as it explains that an F-1 who drops out has unlawful status, but does not accrue unlawful presence.

I didn't drop out. I graduated from my Masters program, with honors. The Optional Practical Training (OPT) gives you the right to work in the US for 1 year after you graduated. But, you cannot accumulate more than 90 days of unemployment. You have to leave before these 90 days.

Like I said, I was within the 90 days at the time of the first arrest. Like I said, I really thought I had to stay in the US, I listened to what my attorney told me.

[newacct 688]

I didn't drop out. I graduated from my Masters program, with honors. The Optional Practical Training (OPT) gives you the right to work in the US for 1 year after you graduated. But, you cannot accumulate more than 90 days of unemployment. You have to leave before these 90 days.

Like I said, I was within the 90 days at the time of the first arrest. Like I said, I really thought I had to stay in the US, I listened to what my attorney told me.

The point of the quote is, since you're F1, you can't accrue unlawful presence until the USCIS or an immigration judge rules against you. Therefore, you will not trigger the ban.

[Unluckyguy 2]

This is the logic that will be used, there was enough evidence to bring charges agains you, yes you may have been found not guilty, but you were charged. USCIS uses a different set of logic than the crimminal courts. Do everyone agrees with this, no but it is what it is. Again, as I stated you have two set of charges, fighting and explaining one may have been easy but to try and fight 2 seperate charges that will be a hard one to tow.

I don't think so. The same person has falsely accused me twice. Do you really think that the 2nd case would get dismissed when they know there was a first case? Obviously they must have looked a lot more into it seeing that this was the 2nd time with the same person. But, NO, case dismissed... If we go to trial, I can VERY EASILY prove that my ex HAS lied to the Police, the DA, the COURT, the Judge. Very easily. As I said, I have both material evidence AND most importantly witnesses for the different charges.

Also, I can prove the crazy character of my ex by inviting both of her school roommates, and the fact that I was the person she put down as her emergency contact and that her school called me one day asking me to escort her to AN HOSPITAL TO GET CHECKED BY A PSYCHIATRIST. YES. I also know for a fact because she told me in a Facebook conversation, that she assaulted her ex boyfriend and that the cops had to come. She didn't tell me if anyone got arrested. WHo knows, maybe she did the exact same thing. Maybe that's why she knew she sould get away with it.

Since Judges NEVER punish people who have lied on their testimony. That's a fact. Isn't that crazy?!

Now, do you wonder why the DA isn't "ready"?

[Unluckyguy 2]

This has been an interesting read...So far, I am not sure if the OP is trolling or just very confused :S

To the OP, you got some really good advice, so why don't you act on it? Go get yourself a better lawyer, call someone from Immigration and find out what you can do from now on to fix your situation. There is no point in trying to make us believe your story, our opinion doesn't matter. Do what you are supposed to and stop complaining about things not being the way they should. Things are the way the are no matter what you think. Maybe some other time we can discuss about our ideas of a perfect world, but now focus on the issue at hand.

Good luck.

Do you mean to fight against the Family Court case where an OP could be issued against me? Yes, I am going to see a lawyer on Monday about it.

So I really don't have a case about overstaying only because of the court? I am going to ask the lawyer too.

The point of the quote is, since you're F1, you can't accrue unlawful presence until the USCIS or an immigration judge rules against you. Therefore, you will not trigger the ban.

Oh OK, but will I not trigger it when I leave the country?

[Brother Hesekiel 2,236]

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?

Edited March 16, 2013 by Brother Hesekiel

[Gary and Alla 3,694]

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?

Very succinct and correct. It is fine to dissect the law and argue the number of ghosts that can dance on the head of a pin. And then you go to the consulate and ...DENIED! You have no right to a visa to enter the USA. Such are issued at the discretion and pleasure of the consulates. Consulates can take nearly any factor into consideration and treat you three clicks lower than a venomous reptile if they choose.

As Bob mentions, they may approve a K-1 or CR-1 petitioned by a US citizen.

http://www.russiancupid.com/?ovchn=MSN&ovcpn=English+USA+Russian+Brides&ovcrn=find+a+russian+bride&ovtac=PPC&utm_source=MSN&utm_medium=CPC&utm_term=find+a+russian+bride&utm_campaign=English+USA

Edited March 16, 2013 by Gary and Alla

[VanessaTony 3,567]

? Don't you feel that if a case got dismissed because they didn't have enough time (We are talking 3 months! That's long enough!) would look more like I am innocent than guilty?

Then I want to ask you: What is the best thing that can happen to someone who is falsely accused?

I am NOT inventing it, the DA CAN drag the case and use ALL 90 days and then the case gets automatically dismissed without a trial. I urged my attorney so many times to force the DA to have a case, but my attorney told me there was nothing they could do, the DA HAS THE RIGHT to use all 90 days to then have the case dismissed. He DOESN'T HAVE TO DROP THE CHARGES. So, I end up with a dismissed case on my records, when I NEVER had a trial! IF this ISN'T corruption, what is?

STOP!! Seriously, this is about 5 pages of us trying to get you to understand something THAT WE CAN'T CHANGE!!

These are the facts:

1. You have been arrested. Fact.

2. You have been charged. Fact.

3. You have had one of your charges dismissed. Fact.

4. You have an OP on your court record. This is STILL on your record, you just need to be served again. It's still active on your court record as having been filed. Fact.

5. You have a court date and are waiting for the final disposition on another court case. Fact.

6. Your record for the other matter says "Dismissed - speedy trial provision". This doesn't indicate innocence, it shows they didn't have enough time to gather evidence.

Most of all. The MOST important part that you seem to think that by arguing we can change, is this IS on your record. These things, whether it makes sense or not, WILL affect immigration. Whether you like it or not, USCIS DOES assume that they had to have cause to have arrested and charged you. It's not fair, for sure, but that's just how it is.

We, you, cannot change ANY of these things. You can only try and mitigate the damage already done by ensuring keeping the court records to show what happened, if this ever becomes an issue (which it probably will at some point).

Edited March 16, 2013 by Vanessa&Tony

[VanessaTony 3,567]

What do I need to get done? I'm sorry I don't understand what you say I have to get done.

I thought it was pretty obvious but okay "get this court stuff done, and leave".

Now I would understand that if had a Restraining Order against me that USCIS would have something against me. BUT, if I accepted to have a Restraining Order against me WITHOUT ADMITTING, which apparently I can do, then that is different. Also, the REstraining Order would last 1 year whereas there would be a 3-year ban. So, When I would apply for a visa in 3 years there wouldn't be any Restraining Order against me anymore.

Am I wrong?

Are you wrong? Yes. You still have a record. Nothing can change that. Even expungment doesn't get rid of these things for immigration. Will it STOP you from ever getting a visa? We can't tell you that, but we CAN tell you it WILL make things harder.

[Unluckyguy 2]

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?

The 3-year ban of visiting the US or applying for a visa is very simple to understand, yet you apparently don't understand it. I haven't seen a single website, a single article anywhere saying that ON TOP of a 3-year OR 10-year ban they would STILL not issue a visa. PLEASE DIRECT ME TO SUCH WEBSITES or ARTICLES. PLEASE.

What would be the point of having a 3-year or 10-year ban otherwise!? Who do you think gets banned? I have the answer for you: People who overstayed. Therefore, the punishment IS 3-year for overstaying 180days to 1 year, and 10 years for overstaying more than a year. Why do you keep on saying that they would never give another visa?!

Anyways in 3 years It would be an H1-B visa or a Green Card that I would apply for.

My history of having been in trouble with law?! When have I been in trouble with the law!? Both cases got dismissed. What are you trying to say? That someone being arrested proves they are guilty?! In what age are you living? In what world are you living?

You are talking as if I have been proven guilty of something, why? Where did you read I have had trouble with the law? I.E.: Getting falsely arrested, and having both cases dismissed without a trial ISN'T "getting in trouble with the law". If I were CONVICTED I would be "in trouble with the law". I haven't broken ANY law, and certainly NEVER have been proven to have done so.

Like I said I will fight for my case with immigration because I only stayed because of the court dates. I was told to stay in the US so I did. I had no other incentive to stay in the US. I have been FALSELY accused both times, of course I am going to stay to be ready to fight my cases as quickly as possible. If I do get the 3-year ban in the end, it won't be that much different anyways since to get an H1-B visa you need to be working for a company for at least 2,3 years to prove yourself and for them to offer you a job in the US. It's not like it could be done before then anyways, so I wouldn't be so angry about that. 3 years is a rather short period of time too.

Again, Please direct me to ANY reliable website or article that says that AFTER a 3-year or 10-year ban, you STILL won't be aloud to get a visa. I somehow couldn't find any saying this.

Thank you

[Boiler 45,553]

What was your Masters in?

[Unluckyguy 2]

What was your Masters in?

I don't see how that has anything to do with this conversation. Please explain if you have anything to explain.