B1/B2 to attend court for probation violation

[darius38 2]

13 minutes ago, appleblossom said:

 

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. 

 

32 minutes ago, SalishSea said:

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

 

I'm asking about waivers if you look at my original question. It has been more than 10 answers and nobody seems to bother to touch on that but everyone scolds me. As if I'm stupid enough not to understand a felony would jeopardize my visa chance.

 

I'm talking about being the real victim. I said I was assaulted, abused and forced to leave while it was already illegal for them to keep me there. These attacks are much more serious than the felony I have.

 

I'm actually innocent, I was forced to accept that felony too while just emailing the company to fix the sabotage they did to my H1B but I don't need to explain anymore while the people seem to be obviously lynching me in this forum.

 

Why don't you talk about waivers? Why don't you talk about me being in a tricky and unfair situation since I cannot go back and they won't fix it without me going back? Or why don't you just tell me to resolve my issue with a lawyer instead of this bs? I didn't even ask about immigrating or making a tourist visit to the US.

Edited Tuesday at 06:23 PM by darius38

[Edward and Jaycel 395]

5 minutes ago, darius38 said:

I didn't even ask about immigrating or making a tourist visit to the US.

 

From your original post: "What should I do? What is my chance of getting a B1/B2 visa if I apply for it?" 

 

And I will say it.... Talk to a Lawyer. About everything you discussed here

Edited Tuesday at 06:28 PM by Edward and Jaycel

[yuna628 9,696]

56 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. 

None of this matters.

 

You may not like the honest answers given on this forum, but they are the truth of the matter.

 

You have a felony. You do not have any legal right to stay in the US and quite frankly, the fact you are admitting on this forum that you might lie or misrepresent in an attempt to re-enter shows you have learned nothing about being convicted and/or admitting to a felony in the first place. There are consequences to actions. You have no chances to return. Focus on having a life in your own country.

 

Edited Tuesday at 06:28 PM by yuna628

[appleblossom 2,903]

1 minute ago, darius38 said:

 

 

Why don't you talk about waivers? Why don't you talk about me being in a tricky and unfair situation since I cannot go back and they won't fix it without me going back? Or why don't you just tell me to resolve my issue with a lawyer instead of this bs? I didn't even ask about immigrating or making a tourist visit to the US.

 

I can’t speak for anybody else, but personally I haven’t mentioned waivers because I simply don’t think you’re eligible for one at this time from what you’ve said. If you do have a qualifying relative and think you may have grounds, then yes, absolutely speak to a lawyer to get an idea of your chances. 

[darius38 2]

8 minutes ago, Edward and Jaycel said:

 

From your original post: "What should I do? What is my chance of getting a B1/B2 visa if I apply for it?" 

 

And I will say it.... Talk to a Lawyer. About everything you discussed here

 

So what? Isn't B1/B2 also used for court appearings or what other visa can I use? Where did I mention about trying to go back to the US for touristic reasons?

 

All I'm trying to do is to go back, appear at the court and close the case. I just need to tell the judge what happened and get this unfair warrant closed.

 

7 minutes ago, yuna628 said:

None of this matters.

 

You may not like the honest answers given on this forum, but they are the truth of the matter.

 

You have a felony. You do not have any legal right to stay in the US and quite frankly, the fact you are admitting on this forum that you might lie or misrepresent in an attempt to re-enter shows you have learned nothing about being convicted and/or admitting to a felony in the first place. There are consequences to actions. You have no chances to return. Focus on having a life in your own country.

 

 

Read my posts again. I'm not trying a tourist visit or immigration with a felony. I'm trying to resolve the case and eliminate the wrongful arrest warrant by appearing at the court. Are you saying I'm supposed to have this arrest warrant forever? Especially while I'm forced to leave by being attacked and I was already given the right to leave?

Edited Tuesday at 06:35 PM by darius38

[Family 4,133]

36 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. 

 OPO / Order of Protection is very serious . Like get you deported serious see 1st link .

 

The Class E Felony you picked for breaking that OOP is as serious as a heart attack too. Max sentence 4 years . 
 

You expected a work permit ? From WHOM ? You were lucky they did not an ICE hold .

 

You know that last bit about terms that said YOU could leave anytime and YOU could decide on your own to “ end’ probation and leave anytime is not believable. 
 

 

 

 

 

 

https://www.immigrantdefenseproject.org/wp-content/uploads/Understanding-Immigration-Orders-of-Protection.pdf

 

https://www.rocklandcriminalattorneys.com/what-happens-if-you-violate-an-order-of-protection-in-new-york/#:~:text=Essentially%2C if you deliberately cause,Law Office of Carl Spector.

you violate a restraining order by deliberately causing the victim to fear physical violence or physical injury, you can be charged with a more serious offense. Essentially, if you deliberately cause or attempt to cause a victim to fear for their safety through the use of a weapon or repeated harassment, you will be charged with criminal contempt in the first degree, a class E felony punishable by four years in prison and a fine of $5,000.

[darius38 2]

5 minutes ago, appleblossom said:

 

I can’t speak for anybody else, but personally I haven’t mentioned waivers because I simply don’t think you’re eligible for one at this time from what you’ve said. If you do have a qualifying relative and think you may have grounds, then yes, absolutely speak to a lawyer to get an idea of your chances. 

 

I heard overstay and criminal background can be overcome with I-601 if I have a relative but I'm mainly talking about the 212(d)(3) waiver for non-immigration purposes given that I didn't mean to overstay but was forced to and I need to go back for court.

[igoyougoduke 1,674]

13 minutes ago, darius38 said:

 

 

I'm asking about waivers if you look at my original question. It has been more than 10 answers and nobody seems to bother to touch on that but everyone scolds me. As if I'm stupid enough not to understand a felony would jeopardize my visa chance.

 

I'm talking about being the real victim. I said I was assaulted, abused and forced to leave while it was already illegal for them to keep me there. These attacks are much more serious than the felony I have.

 

I'm actually innocent, I was forced to accept that felony too while just emailing the company to fix the sabotage they did to my H1B but I don't need to explain anymore while the people seem to be obviously lynching me in this forum.

 

Why don't you talk about waivers? Why don't you talk about me being in a tricky and unfair situation since I cannot go back and they won't fix it without me going back? Or why don't you just tell me to resolve my issue with a lawyer instead of this bs? I didn't even ask about immigrating or making a tourist visit to the US.

you will have to apply for waiver at your local US consulate. Once approved than you can get to next step of what you need to do 

[Edward and Jaycel 395]

1 minute ago, darius38 said:

So what? Isn't B1/B2 also used for court appearings or what other visa can I use?

A B1/B2 is a tourist/business non-immigrant visa

 

2 minutes ago, darius38 said:

Where did I mention about trying to go back to the US.

Why else would you ask about gaining a visa other than to get back to the US?

 

Your case has so many legal pitfalls that any further discussion in this forum is pointless - You really need to discuss this with an attorney. The people in this forum are just trying to let you know that with your circumstances, you basically have zero chance of legally entering the US. Embassies / CBP will not care about your claims of abuse, coercion, malicious prosecution, etc. because they are precisely that - Claims that have not been proven in a court of law. Please, if you want to pursue this, talk to an attorney. I wish you the best of luck

[SalishSea 18,062]

OP, if people are not giving you the type of feedback you seek, it is because you are not explaining your situation fully or clearly.  

 

I don't see you getting a waiver for a B visa.  But, why not just apply and attend the interview and see if they say that a waiver is available?  That is all you can do.

[appleblossom 2,903]

11 minutes ago, darius38 said:

 

I heard overstay and criminal background can be overcome with I-601 if I have a relative but I'm mainly talking about the 212(d)(3) waiver for non-immigration purposes given that I didn't mean to overstay but was forced to and I need to go back for court.

 

So you do have a qualifying relative? US citizen spouse/parent that can show hardship? If you’d mentioned that to start with, then the answers may have been different. 

 

I agree with @Edward and Jaycel, if you do have grounds for a waiver of your ban & inadmissibility then it’s not a DIY case, you need a really good lawyer.

 

[SalishSea 18,062]

31 minutes ago, darius38 said:

I didn't even ask about immigrating or making a tourist visit to the US

You absolutely did ask about obtaining a B (tourist) visa.

Just now, appleblossom said:

So you do have a qualifying relative? US citizen spouse/parent that can show hardship? If you’d mentioned that to start with, then the answers may have been different. 

Not applicable for B visas, AFAIK.

[appleblossom 2,903]

Just now, SalishSea said:

 

Not applicable for B visas, AFAIK.

 

No, but it would be for an immigrant visa - I think it’s a long shot but if s/he does have a USC spouse it would be the only way I can see him/her being admitted at any point in the future.

[Ontarkie 14,365]

I would save the money from the visa and waiver fees and contact a lawyer in the US. You need to fight this battle from home and get a good lawyer who can do this. I believe the lawyer you have been dealing with did you a disservice and needs to be canned. Do not use this one any further. 

[Boiler 45,887]

There is no fee for a D3

 

First you apply for a B and then hope? that the CO recommends you for a waiver.

 

That to say the least seems unlikely

 

Lets say for discussion sake you get a B, presumably you arrive in the US and with an outstanding warrant are arrested and held and then transferred to whatever State and then eventually deported.

 

what is the point?