B2 Visa Denied

[joey11 0]

yes i have a bench warrant outstanding i don't think that would work because i tried to visit mexico last year and was denied entry they didnt give me a reason but i know it was due to the outstanding warrant in california, if i do enter through canada i will enter as a alien and i don't want to go through this process ill rather stay home unless i can get a visa i don't want to enter through jail 

[mindthegap 2,605]

1 minute ago, joey11 said:

 ill rather stay home unless i can get a visa i don't want to enter through jail 

Well, you aren't getting a visa at the present time, and you have not been recommended for a waiver, so you are staying home.

 

So you were removed and sent back from Mexico too?

 

[joey11 0]

correct 

[Californiansunset 336]

14 minutes ago, mindthegap said:

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?

 

 

 

 

 

 

As UK citizen you still need a valid entry document (ESTA or visa) to enter the US from a land border. That's an automatic entry denial if you show up without visa or ESTA. 

[joey11 0]

which is the catch 22 right now 

[mindthegap 2,605]

10 minutes ago, Californiansunset said:

As UK citizen you still need a valid entry document (ESTA or visa) to enter the US from a land border. That's an automatic entry denial if you show up without visa or ESTA. 

Yes.....I am well aware of that, and nowhere did I state that that they would actually enter the US under the VWP as they are (clearly) ineligible.

 

That suggestion was so that the poster would be arrested at the border and taken into US custody, due to the outstanding warrant, which would get them to court to face the outstanding charges.

 

Did you even read my post properly?

 

 

Btw - you are incorrect in stating that you need an ESTA for a land border entry. You do not, as the ESTA applies to air and cruise ship carriers only.

In the absence of a visa, you must be VWP eligible, but that is not an ESTA, which is merely advance permission to board a carrier to the US and does not guarantee any entry right.

Edited January 10, 2018 by mindthegap

[joey11 0]

yes my attorney stated that, but i would be unable to get bail because i would be taken in as a alien so would be held in immigration detention which I'm trying to avoid

[caliliving 606]

try getting a second opinion and hiring another lawyer??? 

what is it for again? theft and ID theft? 

[geowrian 22,338]

5 hours ago, joey11 said:

 

You're missing the second paragraph under the table here. You were also found ineligible for the visa due to 214b. Even if you somehow got past the criminal issue, you won't be granted a non-immigrant visa due to immigrant intent. This is a decision made solely at the CO's discretion and is subject to consular nonreviewability.

 

The long and short of it is you aren't going to be granted a B-2 visa.

 

Maybe a parole document is possible to attend the court date? That's something to discuss with a good immigration attorney, though...and is still a long shot IMO.

[nightingalejules 678]

Unfortunately you've kind of "hooped" yourself by leaving the country against your lawyer's advice (I understand why you did - but it is what it is).

 

I know you want to fight the charges, but at this point you really can't, because you can't get into the country. You're in a catch 22, and now all you can do is damage control. Basically, it seems like the ultimate goal is to come to the US as an immigrant (so obviously the fact that they denied you a visa due to immigrant intent was correct.)

 

A misdemeanor guilty plea will not keep you from ultimately being allowed to immigrate. Allow your lawyer to enter a misdemeanor guilty plea and make the "crime of moral turpitude" (which will keep you from ever being allowed in the US under any circumstances) go away.

[randomstairs 309]

You can try a different visa (dual intent) to deal with the immigration intent. Forget the B2.

If visa was denied because you admitted certain facts of the case to the CO, or because the CO determined the facts of the case, the outcome of the trial doesn't matter at all for the visa purposes. The DUI in UK doesn't help, especially in this immigration climate.

Some judges allow Skype trials (really). As long as your attorney is in the courtroom that could work. 

If there is no way for the case to be dismissed without you appearing in court, there is probably little chance to get such an outcome otherwise. (Also ask a different CA lawyer to double check.) You do have a right to a fair trial. If you were in a coma, for example, they may have to postpone it, depending on other circumstances. 

Best would be to let the misdemeanor conviction happen without a guilty plea. If they can make it non-CIMT that would be great, because with 2 misdemeanors you can still make it. 

 

 

 

[Going through 5,671]

11 hours ago, joey11 said:

yes my attorney stated that, but i would be unable to get bail because i would be taken in as a alien so would be held in immigration detention which I'm trying to avoid

The flip side to that, though, is that at the very least you will be in the country at that point to attend court as your presence is required for the case to (have the possibility to) be dismissed.  I imagine that situation isn't very ideal for you, but it's a way to get the court case taken care of the way you hope to.

 

Or the option is to let your lawyer try to have it dropped to a misdemeanor without you entering the country.   

[kzielu 1,149]

OP - what's your end goal ? Because if it is to travel back to US on a non-immigrant visa in the future, I would forget about it. You are not going to get it, likely ever.

[mindthegap 2,605]

You can't have your cake and eat it. You either want to face these charges or you don't.

 

A method which - albeit it not ideal - would give you the opportunity to to face the Court has been proposed, and shot down by you.

The embassy have also made it very clear to you that a non-immigrant visa is not possible at this time, and a waiver has not been recommended. Therefore you aren't going, unless it is in handcuffs as per the other method.

 

A misdemeanor isn't the end of the world, and should not be a permanent bar to future immigration.  If the option is available to appear by skype or similar, then that would be great, but if it isn't then so be it. Even if it was to adversely affect your future chances, you would be in the same situation as you are now, and unable to visit.

 

With a case currently pending, plus skipped bail and no chance of a visa, you are in limbo and will remain so, and it isn't exactly going to get better by itself or go away of its own accord - so either do something about it, or give up on ever going back to the US.

 

Sorry to be blunt, but am really quite sure what else you want us to suggest?

 

 

2 hours ago, kzielu said:

OP - what's your end goal ? Because if it is to travel back to US on a non-immigrant visa in the future, I would forget about it. You are not going to get it, likely ever.

Quite.

 

Edited January 11, 2018 by mindthegap

[Boiler 46,129]

Your Immigration Lawyer and Criminal Lawyer need to work out a strategy to deal with this issue.