B1/B2 to attend court for probation violation

[darius38 2]

I was put on probation for 5 years for a felony charge that I pled guilty to while my visa was expired but the probation office was still requiring me to stay in the country. For the case itself and probation I had to overstay but after 1 year of probation I just left the US for an urgent situation. After I left I let the PO know that I can't come back anymore since I don't have a visa but he didn't accept it and sent me to the court for violation of probation. The court seeing I couldn't even attend the court issued an arrest warrant for me so I basically ended up getting an arrest warrant due to lack of visa. The lawyer told me that they could lift the warrant for a while for me to be able to come back but I still don't have any means to come back.

 

What should I do? What is my chance of getting a B1/B2 visa if I apply for it? If they bring up my overstay, would they also issue a waiver for me considering that I overstayed for the case and I have to appear at the court for final legal resolution or to continue probation? Are there any other solution like parole that you think would work better in my situation?

Edited Tuesday at 12:37 AM by darius38

[OldUser 7,230]

2 minutes ago, darius38 said:

What should I do? What is my chance of getting a B1/B2 visa if I apply for it?

Close to 0. Probably as much as a chance of me winning $1M in a lottery...

3 minutes ago, darius38 said:

What should I do? 

Forget about visiting the US. Let it go and live life.

[Boiler 45,887]

Close to me winning 100m

 

You have a Felony as well as overstay

[darius38 2]

36 minutes ago, OldUser said:

Close to 0. Probably as much as a chance of me winning $1M in a lottery...

Forget about visiting the US. Let it go and live life.

 

Could you elaborate even further? Is it because of the felony or probation? Do you think I have a better chance if I don't mention any of these to the consulate?

 

I also have 4 years left on my H1B but it's another challenge to find a new sponsor.

Edited Tuesday at 01:15 AM by darius38

[Edward and Jaycel 395]

Just now, darius38 said:

Do you think I have a better chance if I don't mention any of these to the consulate?

 

This is the worst thing you could do because then you add misrepresentation to your record. Do not ever lie or omit information in order to obtain a visa/immigration benefit. 

[Boiler 45,887]

Lying will definitely make things better

[OldUser 7,230]

19 minutes ago, darius38 said:

 

Could you elaborate even further? Is it because of the felony or probation? Do you think I have a better chance if I don't mention any of these to the consulate?

 

I also have 4 years left on my H1B but it's another challenge to find a new sponsor.

Felony of course.

You must mention any criminal charges. Consulate will likely know about it anyways. Not mentioning is a bad idea, it's immigration fraud.

[Boiler 45,887]

Your H1b was no doubt cancelled a long time ago

[OldUser 7,230]

3 minutes ago, Boiler said:

Your H1b was no doubt cancelled a long time ago

Yep. You only have 60 days to find a new employer after losing job with sponsor employer.

[SalishSea 18,062]

2 hours ago, darius38 said:

 

Could you elaborate even further? Is it because of the felony or probation? Do you think I have a better chance if I don't mention any of these to the consulate?

 

I also have 4 years left on my H1B but it's another challenge to find a new sponsor.

You have zero chance of ever coming back to the United States.

[Family 4,133]

6 hours ago, darius38 said:

I was put on probation for 5 years for a felony charge that I pled guilty to while my visa was expired but the probation office was still requiring me to stay in the country. For the case itself and probation I had to overstay but after 1 year of probation I just left the US for an urgent situation. After I left I let the PO know that I can't come back anymore since I don't have a visa but he didn't accept it and sent me to the court for violation of probation. The court seeing I couldn't even attend the court issued an arrest warrant for me so I basically ended up getting an arrest warrant due to lack of visa. The lawyer told me that they could lift the warrant for a while for me to be able to come back but I still don't have any means to come back.

 

What should I do? What is my chance of getting a B1/B2 visa if I apply for it? If they bring up my overstay, would they also issue a waiver for me considering that I overstayed for the case and I have to appear at the court for final legal resolution or to continue probation? Are there any other solution like parole that you think would work better in my situation?

I don’t know what your attorney is smoking….but

 

No , he can’t quash or recall the warrant ‘’ for a while” .

 

Yes, the PO accepted the fact that you left and told the Judge.

 

No Judge will reinstate probation …ever heard of ‘’flight risk’’ ? 

 

No, you didn’t pick up a warrant’’ due to lack of visa’’ …you caught another case for violating terms and leaving. 

Violating terms means you are now subject to max prison sentence …or a little less if he’s in a good mood. How many years? 

The ‘’ final legal resolution’’ to your case is that after you finish serving the sentence , they place an ICE hold and remove you . 
 

Oh, 5 years probation was not ‘’ forced on you” , even then you had option to serve time and/ or stipulate to removal and return to home country …since you didn’t fight the charges anyway. 

 

 

[Dashinka 24,705]

Sounds like your only way back to the US is if the legal system dealing with your case feels the need to extradite you for the warrant/parole violation.

[darius38 2]

2 hours ago, Dashinka said:

Sounds like your only way back to the US is if the legal system dealing with your case feels the need to extradite you for the warrant/parole violation.

 

Most people here misunderstand the situation because I can't explain everything.

 

The charge is not that serious. It's criminal contempt for sending emails (breaking OOP) It's not PSC, AF or even violent. I didn't hurt anybody in my life.

 

Part of the plea deal, I was allowed to go back to my home country and end the probation anytime but later the PO didn't acknowledge this. I was not given a work permit either so I was illegally kept there. Then they abused and assaulted me and finally I had no other option than leaving after sexual harassments and 2nd assault trusting the promise that I could leave the country and end the probation anytime I wanted. But while no one who assaulted, harassed and abused me are arrested, I have an arrest warrant and it's just because I used my right to leave and I simply can't go back. 

[SalishSea 18,062]

17 minutes ago, darius38 said:

 

Most people here misunderstand the situation because I can't explain everything.

 

The charge is not that serious. It's criminal contempt for sending emails (breaking OOP) It's not PSC, AF or even violent. I didn't hurt anybody in my life.

 

Part of the plea deal, I was allowed to go back to my home country and end the probation anytime but later the PO didn't acknowledge this. I was not given a work permit either so I was illegally kept there. Then they abused and assaulted me and finally I had no other option than leaving after sexual harassments and 2nd assault trusting the promise that I could leave the country and end the probation anytime I wanted. But while no one who assaulted, harassed and abused me are arrested, I have an arrest warrant and it's just because I used my right to leave and I simply can't go back. 

A felony is a felony.  I don't see a B visa ever being approved with that criminal history.

[appleblossom 2,903]

Just now, SalishSea said:

A felony is a felony.  I don't see a B visa ever being approved with that criminal history.

 

And with the overstay as well it’s a double whammy. Not sure how long the overstay was, but sounds like it was over a year, so there’s a 10 year ban anyway even without the felony.