us visa denied due to cimt but court date pending

[Ketsuban 1,034]

My question is, why do you want to go back there? Have you got a partner out there? If I had a warrant for my arrest in any country I would stay away from it! Though you might have to deal with extradition but then if it is a "light" case as you put it, I don't know that they would bother trying that.

 

3 hours ago, f f said:

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.

People do plea deals all the time when they're innocent because pleading not guilty then being found guilty (it does happen to innocent people) results in harsher penalties than just accepting a deal. However, I'm not sure if it's because of OP's lack of punctuation but I can't see where he said he was considering a plea deal to begin with.

[Ketsuban 1,034]

I want to add on to my post because I thought over what I said while I was doing other stuff. I don't know the repercussions of evading arrest by being abroad and not being able to get in, so don't follow my almost-suggestion of just ignoring it. I do think though that if they really really wanted you back for trial then they would go the extradition route and then you'd have virtually no trouble getting in. As for right now... stick with your criminal lawyer and seek out an immigration lawyer who knows criminal law too. This is a really tough and strange situation to be in.

[jayjayj 571]

You definitely need to make sure you have a good lawyer and follow their advice.  Currently, you are a fugitive from justice.  It doesn't matter what the current charges are or what they could be reduced to.  You left the country while on bail and awaiting trial - that is an illegal act in and of itself.  You could potentially face even more charges for leaving the country while on bail.

[joey11 0]

yes i was allowed to leave the country i wasn't considered a flight risk. my esta was due to run out so my plan was to go home and come back, upon re entry i was then denied because apparently i overstayed by a day on a previous trip due to me coming in on east coast time and leaving on west coast time which i thought was pathetic although i had entered multiple times without any problems prior to this arrest. However i am now in this dilemma of what to do my lawyer is telling me he needs me there to get the case thrown out so I'm trying to see which options i have my bail was also 20000 usd and i don't want the signee to have to pay that which is why I'm trying to return 

[Going through 5,668]

Have you consulted an immigration lawyer yet?  Your criminal lawyer is not going to be able to advise you much on how to get back into the country.

[joey11 0]

yes i have i have contacted a few and I'm getting different responses 

[joey11 0]

and i have family there so thats the reason i would like too go back and visit fighting the case is not a problem 

[Illiria 980]

You say you have been using esta for 5 years. When were you arrested in the uk for the dui? Was it before the recent trip or since you came back? 

[joey11 0]

yes i have a it was in 2015. 

[Crazy Cat 39,250]

On 9/15/2017 at 5:38 AM, joey11 said:

i overstayed by a day on a previous trip due to me coming in on east coast time and leaving on west coast time

Oh.....an overstay.........then ESTA is gone forever!!  You can not remedy this yourself.  It's time to either hire a good attorney or forget about getting in the US for a long, long time.

[Going through 5,668]

On 9/15/2017 at 6:54 AM, joey11 said:

and i have family there so thats the reason i would like too go back and visit fighting the case is not a problem 

You can't use ESTA again because of the previous overstay.

 

You got denied for a B1/B2 visa twice...changes of getting approved for one would be slim without a waiver.

 

Did the immigration lawyer whom you consulted tell you about waivers?

 

https://help.cbp.gov/app/answers/detail/a_id/760/~/entry-into-the-for-a-person-with-criminal-record-or-overstay%2C-waiver

Edited September 18, 2017 by Going through