B2 Visa Denied

[joey11 0]

Hi there I have a pending Court Date in the us for a crime i didn't do, i left the us after the first hearing so i didn't over stay my esta upon entry coming back i as denied entry to the usa since then i have been to the us embassy to apply for a b2 visa but got denied twice even tho my attorney gave me a letter stating the court demanded me back and i need to attend the hearing upon the meeting i also showed my bail bond letters. the consular advised that my attorney can attend and i don't need to be there, which he can if i accept a misdemeanour but I'm not going to do that as i want to fight the case and my attorney has said in order to get it dismissed i have to attend so I'm stuck now as my esta was taken away and visa denied twice it has now been 12 months since i applied and 16 month since the alleged crime took place now I'm stuck as my bail bond has been forfeited and I've been told with a pending case i can't travel to the us until its cleared although my attorney says as soon as the visa is approved he will tell the court and the bench warrant will be uplifted so i can come back help ? i was told to apply for a waiver of inadmissibility but at the time of the appointment they stated as a result of your inelegibilities you cannot travel to the united states on the visa waiver program at any time due to 212a although the case is still pending i haven't been convicted of the crime my lawyer has never seen anything like this before although he advised me not to leave as i would have trouble coming back in 

[TNJ17 1,329]

You gotta deal with what you were handed. You can’t come in because you have a pending case. You have a pending case because you can’t come in. One of those two gotta give. Your vwp is lost forever. If you’ve been denied your visa twice because of your pending case and that won’t change any time soon, then don’t expect to be approved for a visa with that pending case any time soon. It seems to be you’re wasting time a lot of money on this lawyer. Let him try the case without you so your case is no longer pending and you can get a visa. It doesn’t matter how many times you apply for a visa, if you don’t change the reason why you were denied, you’re always gonna get denied. 

[mindthegap 2,590]

What exactly is the charge for and which state?

 

 

Edited January 10, 2018 by mindthegap

[mindthegap 2,590]

17 minutes ago, joey11 said:

 although he advised me not to leave as i would have trouble coming back in 

Lawyers aren't always right, but when they are....

[joey11 0]

the charges are '' 

01	484E(D)	Penal Code	Not Guilty	Case Pending	Case Pending
02	530.5(C)(1)	Penal Code	Not Guilty	Case Pending	Case Pending

 

''

he has tried but it can't get dismissed without me being there only as a misdemeanour and I'm not accepting that i want to fight the case and get it dismissed so i can travel to the us in future as my partner lives over there and i want to migrate 

[Crazy Cat 41,923]

No change since this?

 

 

[Ontarkie 14,237]

~~Moved to Tourist Visas, from DCF - The OP's questions are about a tourist visa.~~

[joey11 0]

no change yet my lawyer has said its pending until i arrive and there is nothing he can do I'm thinking of applying for a waiver of inadmissibility as i meet the requirements and hopefully the cbp can review it and get it approved

[Californiansunset 336]

23 minutes ago, joey11 said:

Hi there I have a pending Court Date in the us for a crime i didn't do, i left the us after the first hearing so i didn't over stay my esta upon entry coming back i as denied entry to the usa since then i have been to the us embassy to apply for a b2 visa but got denied twice even tho my attorney gave me a letter stating the court demanded me back and i need to attend the hearing upon the meeting i also showed my bail bond letters. the consular advised that my attorney can attend and i don't need to be there, which he can if i accept a misdemeanour but I'm not going to do that as i want to fight the case and my attorney has said in order to get it dismissed i have to attend so I'm stuck now as my esta was taken away and visa denied twice it has now been 12 months since i applied and 16 month since the alleged crime took place now I'm stuck as my bail bond has been forfeited and I've been told with a pending case i can't travel to the us until its cleared although my attorney says as soon as the visa is approved he will tell the court and the bench warrant will be uplifted so i can come back help ? i was told to apply for a waiver of inadmissibility but at the time of the appointment they stated as a result of your inelegibilities you cannot travel to the united states on the visa waiver program at any time due to 212a although the case is still pending i haven't been convicted of the crime my lawyer has never seen anything like this before although he advised me not to leave as i would have trouble coming back in 

If I would have to choose between overstaying my ESTA (and thus losing the privilege to use ESTA ever again) and attending my court date to have a crime I didn't do dismissed, I wouldn't think twice but just stay! A crime, even misdemeanor will always hunt you in the future. 

Anyways, obviously you can't change the past and I'm sure you've been regretting your decision since you lost your ESTA privilege either way. Have your lawyer attending that court date with proof of you not being able to enter the U.S. One of the parties (either the judge or the CO) need to eventually see that there is no winning for you. 

[joey11 0]

yes i deeply regret this, he has attending several times the bench warrant was put on hold for 6 months to allow processing times but he had to uplift it as he couldn't hold it for longer but the visa's didn't get approved anyway 

[Californiansunset 336]

7 minutes ago, joey11 said:

the charges are '' 

01	484E(D)	Penal Code	Not Guilty	Case Pending	Case Pending
02	530.5(C)(1)	Penal Code	Not Guilty	Case Pending	Case Pending

 

''

he has tried but it can't get dismissed without me being there only as a misdemeanour and I'm not accepting that i want to fight the case and get it dismissed so i can travel to the us in future as my partner lives over there and i want to migrate 

I don't know whether this counts as one or two charges (if you've been found guilty) but one misdemeanor usually won't prevent you from immigrating if you and your partner eventually decide to go the K1 or CR1 route....

[mindthegap 2,590]

Ok, so this is California?

 

484E(D) is grand larceny / grand theft HERE

and

530.5(C)(1) is identity theft with the intent to defraud HERE

 

12 minutes ago, joey11 said:

no change yet my lawyer has said its pending until i arrive and there is nothing he can do I'm thinking of applying for a waiver of inadmissibility as i meet the requirements and hopefully the cbp can review it and get it approved

You aren't going to get a visa right now. The embassy has made that crystal clear. You don't apply for a waiver I believe...you apply for a visa, and then if they believe you are eligible for a waiver, they recommend you for one. That they haven't recommended you for one is very telling.

 

So,  you need to stop trying that avenue and try to deal with this mess first in your absence and then try to work on that.

 

 

 

It probably won't give you much comfort to know that had you overstayed to face court (and with the possibility of getting it dismissed) if you were to subsequently to get married and adjust status to stay, the overstay caused by that would have been forgiven! 

Edited January 10, 2018 by mindthegap

[WeGuyGal 1,052]

Couldn't your attorney present the judge with whatever evidence/defense you are planning to use, in absentia? 

[joey11 0]

the grand theft charge has been dropped I'm just being charged with the identity theft my attorney advised 

[mindthegap 2,590]

You state you have forfeited your bond. So is there an outstanding warrant for you?

If so, you could try entering from a land border (canada/mexico) which does not require an ESTA...you may well be immediately arrested and it be assumed that you fled prosecution in the first place. 

Not ideal, but could get you there to face it.

 

Of course that course of action would have other future implications, and you may well be charged with breaching your bail conditions and contempt of court in addition to the outstanding ones. 

Given the circumstances, would the judge even drop it down to a misdemeanor now?

 

 

 

 

 

 

Edited January 10, 2018 by mindthegap