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I've been travelling to the states in and out for the past 5…

Customer Question
I've been travelling to...

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

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Im a non immigrant with british citizenship

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing else

Submitted: 8 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/14/2017
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,704
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 8 months ago
ok thanks
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

Just to clarify -- your criminal case is still pending, however in the meantime you returned home, and have since been denied entry and have had your visa taken away, correct?

You are now outside of the United States?

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Customer reply replied 8 months ago
its penning and yes i tried to come back and i was denied entry and my esta was taken away so i had to go too apply for b1/b2 visa but they are denied it due to crimes involving moral turpitude although my lawyer is saying he needs me here to get the case dismissed but i can't go back without a visa so now I'm stuck on what to do i have request that he gets more info so i can make another appointment and take in official court documents to the embassy
Customer reply replied 8 months ago
but time is ticking and without me present it looks like i have ran away and i would like too come back into the usa in future
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

Thanks for the clarification.

It may be easier to discuss the details of your case, and the next steps you should take, over the phone.

It facilitates a better conversation for us, especially with such a complicated matter as this.

I've sent you the link for the phone call if you'd like to proceed with it. Just let me know, thanks!

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Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

I can also type my response here, just let me know what you'd prefer. Thanks!

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Customer reply replied 8 months ago
if you could type please and its a identity theft allegation for possession of a stolen credit card which they were willing to drop to a misdemeanour but I'm not going too accept this i want to take it too trial
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

Okay, give me just a few minutes to type up some information for you, thanks!

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Customer reply replied 8 months ago
ok
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

Unfortunately there's nothing that can be done to appeal the visa denial. It is within US immigration authorities' discretion, to revoke your visa and deny you entry based on the criminal allegations.

However, if you are able to have the criminal case cleared, then you should be able to obtain a visa again in the future.

The problem is that there is no exception for admitting you into the US for the purposes of dealing with your criminal case.

Your criminal attorney will therefore need to find a way around this.

Your attorney can petition the court to allow your case to proceed, without you present, and with your attorney appearing on your behalf, given your unique situation.

Judges do sometimes grant these types of requests and can phone you in over the phone to accept a plea, should you need to.

Unfortunately if the case does proceed to trial, you would need to be present, which would not be possible.

Your best option would therefore be to have your attorney negotiate on your behalf, and reach the best resolution on a plea bargain for you, to a misdemeanor charge that is not a CIMT and won't affect your immigration status.

Otherwise, if the case remains open and pending indefinitely, you will most likely not be able to obtain a visa at any point.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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