US B1/B2 (Previously held B1/B2 and F1) revoked and reapplication

[Travochi94 0]

I travelled to the US on a B1/B2 visa while I was in High school for a global conference. Aftermy high school, I was admitted at a top 100 university and got my F1 visa. I finished my degree but I have a few hiccups on the way. I withdrew from a semester and was planning to get the SEVIS fixed by leaving the country and coming back. I was still taking classes over the summer .I was detained at the airport for the immigration overstay but also because I found out I was trouble with the law. I was detained and then further released and could not travel back. The law side of things took a while to fix and I was given ARD. I filed for expungement after as well. I was told I had to present myself in front of an immigration judge but CBP called me and told me I just have to file for reinstatement.During the course of that one year, I was taking classes but filed for SEVIS reinstatement pretty late. CBP told me I have to leave the country but my file was accepted for reinstatement and they let me stay till the result comes. In the meanwhile I got my ARD process done and left the country. I found out later that the reinstatement was not approved.

 

 

1) I was detained in August 2018 at the airport, but my sevis got terminated in May 2018 when I withdrew from the semester. 

2) I had a B1/B2 visa valid and my F1; Both were revoked in September 2018 after the deatinment/arrest.

3) I should have filed for reinstatement straight away but I got complacent and was waiting for my law related problems to pass before I apply for it.

4) In April 2019, I was contacted by CBP over call telling me to leave the country by May 15 or so. They told me send them a screenshot of the ticket back home which I did.

5) I filed for Reinstatement in May first week and hence on the day of leaving I think May 15 I received a note that my file was accepted. I informed the CBP officer about it and she said I could stay in the country till the news about reinstatement comes by and could continue my classes.

6) In july, court passed my ARD and I left the country on August 20 even before the semester ended.

 

Now my questions are

1) I was never forcibly removed or presented in front of a judge, so do I have a 3,5/10 year ban on entering?

2) If I apply, do I have to file for a waiver?

3) Its already been 4 years, I have gotten my degree and have started a business in my home country. I am doing well but would like to visit the US for a friends wedding next year and also see my Alma mater again. Is there any possibility of getting a visa?

4) If I need a lawyer, can anyone who has been through a similar ordeal guide me as to whom I should be contacting?

 

Thanks in advance to everyone

 

 

[Boiler 45,525]

I serious doubt your problem is any bans etc, the bigger issue with that history is otherwise being eligible for a visa.

 

Nothing a Lawyer can do your history is your history and they can not change that.

 

I always thing expunging complicates matter from an immigration perspective but I suppose it may be beneficial otherwise.

 

The cheapest option is to apply and find out.

Edited September 12, 2023 by Boiler

[Travochi94 0]

Hey thanks for the reply

i mean ARD is as good a dismissal I guess and then got the expungement for complete removal of records but obviously USCIS and CBP have access to it.

 

[Boiler 45,525]

I am not convinced the Consulate would agree with your designation but please let us know what happens.

[jan22 3,056]

On 9/12/2023 at 10:42 AM, Travochi94 said:

Hey thanks for the reply

i mean ARD is as good a dismissal I guess and then got the expungement for complete removal of records but obviously USCIS and CBP have access to it

 

Assuming you are referring to an "Accelerated Rehabilitative Dismissal", an ARD is -- for visa purposes -- not the same as a dismissal of charges at all, whether there was an expungement or not, as it requires an admission/acceptance of the underlying criminal issues. Whether it will result in a visa eligibility or not depends on what those issues were.