Overstayed because falsely accused, have to wait for court date

[erynaught 43]

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.

A good friend of mine was a Public Defender for many years before becoming a DA. She developed opinions of her clients. For those she felt were guilty, she saw her job as providing an excellent defense which kept the prosecutor in line so that the convicted had less recourse for appeal and the conviction would stick. I remember a few cases where she became quite attached and put in extra effort at her own expense because she felt they were innocent and being mistreated. She was often overwhelmed with work and would push through minor cases with a conclusion that was okay for the client, but perhaps not the best had she had more time and effort to spare. She also had a boss and would be told to expedite and conclude cases to clear up time for others. Priorities were often determined for her and not by her.

I agree that there are many great lawyers who come through the Public Defender's office (I apologize if my previous comment implied otherwise), however, depending on your situation you may not always be getting the best possible advice.

Regarding accepting the PO, I think the OP needs to consider what evidence they have against what evidence the opposing party has. If I felt I had a better than average chance of avoiding it altogether, then I would try. A PO (other than temporary) is never a good thing, but sometimes may not be a terrible thing to deal with either. Maybe the PD knows more about the case than the OP has relayed? Maybe the PD doesn't see the PO as a big deal and PD may not see/understand possible implications to future immigration? Maybe PD doesn't have the resources or time to fight the PD? These are things to question and consider.

[Teddy B 17,252]

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.

Funny, you never mentioned love in your original post as the reason for contacting her, you said you contacted her to find out how sorry she was that she did this to you, and you wanted to let her now you forgave her. Sounds a bit egotistical to me. Cream on her yeast infection? That's a good one. I brought this up because you continuously claim how innocent you are and that you were wrongly accused. I see it a bit differently. She may have attacked you, but it seems like you have a way about you that provoked it. Either way, if she is as crazy as you say she is, your contacting her again does not bode well for your innocence in any thing that has followed.

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?

With two restraining orders on his record, I'd say it's 99% sure that he never gets a visa period. The restraining orders will bring moral turpitude into the mix no matter which visa he files for, including a marriage visa.

Edited March 18, 2013 by Teddy B

[Teddy B 17,252]

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...

Everyone's to blame but you. At what point do you take responsibility for yourself?

Edited March 18, 2013 by Teddy B

[Sarah Elle-Même 660]

Damn... talk about beating a dead horse.

3 days and he hasn't come back. Maybe the attorney set him straight in a way you all couldn't .

[Boiler 45,825]

I ma sure he would have been back to complain if he could.