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joey11

us visa denied due to cimt but court date pending

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I've been travelling to the states in and out for the past 5 years on esta, i got arrest on false allegations and was bailed out and returned home pending a court date upon entry i was denied and my esta was taken away i have a up and coming court date too attend but i was denied a visa do to cimt although i have not been convicted of cimt in the usa its pending allegations i have been arrested in the uk and have my police certificates my only worries is that if i do not attend court i will not be allowed too go back to the states again the case is so light that the judge was willing to drop it to a misdemeanour although i did try to gain entry back into the us to attend court but was denied now a warrant has been issued for my arrest so I'm confused into what to do 

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Filed: Citizen (apr) Country: Canada
Timeline

In hindsight, you shouldn't have left the US before your US court date...but you probably already know that now. 

 

The denial of your visa was likely due to your arrest/charge in the UK, not the arrest in the US (although probably coupled with that), since the warrant was not issued until after your recent visa application.

The warrant for your arrest was likely due to your failure to appear in US court, since the court would not have been aware of your leaving the country/being denied entry.

 

If you were to attempt border crossing now, it is likely you would be arrested on the warrant at the US border, and most likely detained until your court date since they will assume you "fled to avoid persecution" the first time around.

 

Have you told your lawyer that you were previously denied entry into the US before the arrest warrant?

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

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Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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2 minutes ago, Going through said:

yes the bench warrant was put on hold but the judge had to uplift it he couldn't keep it going any longer it was on hold for 7 months too allow visa processing time now the warrant has been issued i need to get the visa and when it gets approved he will let the judge know I'm coming so he can uplift the warrant the court knows i had visa problems and was denied entry i shouldn't have left but staying would have meant my esta would have been overstayed and yes my lawyer is up to date with everything he has just never seen nothing like this before he is a criminal lawyer and doesn't deal with immigration law

 

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Filed: Citizen (apr) Country: Canada
Timeline

You should get a consultation from an immigration lawyer as well since you may need to file a waiver to enter the US since your ESTA was taken away, and your subsequent visa application was denied.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

What date were you denied for the visa?

What is the UK charge?

What date did the US arrest warrant go out?

What is the US charge?

 

I'm assuming the UK charge happened AFTER your arrest in the US, when you returned home?

 

A criminal lawyer is good  to have, as you do, however he cannot help you with gaining entry into the country---only an immigration lawyer could do that in your specific case.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline
49 minutes ago, joey11 said:

the case is so light that the judge was willing to drop it to a misdemeanour

A note on this part....since an arrest warrant has now been issued for your failure to appear, it's possible the judge may not be so willing to, anymore.  

Just be aware of that.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Timeline
55 minutes ago, joey11 said:

... and was bailed out and returned home 

This is likely bail jumping...have you paid back the money you owe to the bail provider? And that would be the entire bail amount minus 10% you paid, because you have forfeited the 10%

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Filed: Citizen (apr) Country: Canada
Timeline
1 minute ago, joey11 said:

What date were you denied for the visa? 2 dates january 4th and febuary 16th 

What is the UK charge? drink driving

What date did the US arrest warrant go out? and may the warrant was issued

What is the US charge? alleged identity theft

Ok--so there were two denials.  Wasn't a good idea to apply for the 2nd visa a mere month after the first one was already denied.  It almost always automatically results in a second denial.   The chances of you obtaining a visa after your 3rd application is pretty nil.

 

You need to contact an immigration lawyer along with your criminal lawyer.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: K-1 Visa Country: Wales
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I've been travelling to the states in and out for the past 5 years on the VWP

 

 I got arrested on false allegations and was bailed out and returned home pending a court date 

 

I was denied and my VWP was taken away

 

I have a up and coming court date to attend but i was denied a visa due to CIMT although I have not been convicted

 

I  have been arrested in the UK and have my police certificates, my only worries is that if iIdo not attend court I will not be allowed too go back to the states again

 

The case is so light that the judge was willing to drop it to a misdemeanour although I did try to gain entry back into the US to attend court but was denied, now a warrant has been issued for my arrest so I'm confused into what to do 

 

Hopefully this makes it slightly more intelligible.

 

I have heard of people being paroled in in such circumstances, question is why do you want to return?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country:
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did you get permission from the court to leave the country? since even if you returned on time you can still be arrested for leaving the county/state/country depending on what your restrictions were. you may need to show how it would be in the best interest of the us to allow you back in the us.

 

it might be time to consider the us a place you just can't get to for the forsee able future.

 

on a side not why would you accept a plea deal to a lesser charge if you were innocent of the original charge? don't answer just think about it.

Edited by f f
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