Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 11 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 minute by:
9/14/2017
Immigration Lawyer: Nisha Jones,
 replied 11 months ago
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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!

Ask Your Own Immigration Law Question
Customer reply replied 11 months ago
ok thanks
Immigration Lawyer: Nisha Jones,
 replied 11 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?

Ask Your Own Immigration Law Question
Customer reply replied 11 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 11 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,
 replied 11 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!

Ask Your Own Immigration Law Question
Immigration Lawyer: Nisha Jones,
 replied 11 months ago

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

Ask Your Own Immigration Law Question
Customer reply replied 11 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,
 replied 11 months ago

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

Ask Your Own Immigration Law Question
Customer reply replied 11 months ago
ok
Immigration Lawyer: Nisha Jones,
 replied 11 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!

Ask Your Own Immigration Law Question
Immigration Lawyer: Nisha Jones,
 replied 11 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!

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,490
3,490 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

51,402 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
Refused entry by usa border in miami and deportation with
refused entry by usa border in miami and deportation with next flight … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My fiance is being denied entrance to the US and sent back
My fiance is being denied entrance to the US and sent back to the UK today. I need immediate help … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Back in 2005 I was arrested burglary of habitation. I had a
Back in 2005 I was arrested for a burglary of habitation. I had a court appointed lawyer who I told I was innocent but said it's my word against there's so plead guilty or go to jail for 2 years. I to… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I have been on holiday in the USA several times in the last
I have been on holiday in the USA several times in the last 2 years using the visa waver program. I have however approx 3 years ago been arrested on suspicion of common assault, I was never charged, I… read more
Maverick
Maverick
Doctoral Degree
6,319 satisfied customers
I lived in florida till 2013 when my l1 visa extension was
Hi I lived in florida till 2013 when my l1 visa extension was denied. We left with the 28 days and returned to live in the uk we are still in the uk now.I have a couple questions firstly our i94 were … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Hi Guillermo, I am from the UK and about 10 years ago was
Hi Guillermo, I am from the UK and about 10 years ago was on holiday in Miami. During my stay I was arrested for solicitation for prostitution and spent the night in jail. I was bailed in the morning … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Hello, I was hoping someone more knowledgeable than me could
Hello, I was hoping someone more knowledgeable than me could help. I am a UK citizen and was arrested last year in Ohio for 5 counts of simple/general assault. I was offered a pre-trial diversion prog… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Good afternoon I need some information on how to go about
Good afternoon I need some information on how to go about sorting out a misdearminer that happened in las Vegas last November,a court date was set but was not attended and now I would like to find out… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
My name isXXXXX was born in Amman, Jordan. My mother
My name isXXXXX was born in Amman, Jordan. My mother is a british citizen and my father is a Jordanian citizen, I hold both british and jordanian nationalities. 14th December 2001 I traveled to the St… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
I have been a permanent resident since 2004 and would like
I have been a permanent resident since 2004 and would like to apply for citizenship. My concern is an incident in 1995 (17 years ago) when I was entering the USA with a tourist visa but in a secondary… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
I visited US recently under B1 B2 Visa and was arrested in
I visited US recently under B1 B2 Visa and was arrested in Las Vegas for Solicitation of Prostitution.I was released on Bail and I appoinnted an attorney to attend to my case in June.Please let me kno… read more
Expert James
Expert James
Doctoral Degree
12,468 satisfied customers
I am a UK citizen who lived in the USA on an L1 Visa from 2004-2009.
I am a UK citizen who lived in the USA on an L1 Visa from 2004-2009. In 1999 I was arrested and convicted of drink driving in the UK. When ever visiting the USA before 2004 I used the 'visa waiver' pr… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I am an Australian with wanting to use a British passport to
I am an Australian with wanting to use a British passport to enter the US. Do I qualify for the Visa Waiver Program or do I need to apply for a B1 B2 VISA to gain entry to the US?… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Good evening, I am a UK citizen who has previously been
Good evening, I am a UK citizen who has previously been denied a business visa to the US for not providing the correct information regarding an arrest (for a misdemeanour in Palo Alto CA). Note that t… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My brother just got arrested for shoplifting and possession
My brother just got arrested for shoplifting and possession of marijuana. He panicked and gave a false name because he'd been arrested for minor possession of marijuana before. Also he is in the U.S. … read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
I was arrested for Theft of Services in New York in 2005.
I was arrested for Theft of Services in New York in 2005. The charges were then dismissed at my hearing. I am Australian and am eligible for the Visa Waiver Program, provided that Theft of Services in… read more
socrateaser
socrateaser
1,031 satisfied customers
My fiance is a USA green card holder and Im a UK citizen. I
My fiance is a USA green card holder and Im a UK citizen. I have applied for b2 visa and a student visa and been refused. With ESTA now in place Im not sure Im able to travel freely we are in a mess. … read more
BizMatters
BizMatters
J.D.
666 satisfied customers
Hi I need a family law and immigration law expert to answer
Hi I need a family law and immigration law expert to answer my question. Basically my partner (my partner is a us citizen and us passport holder) and I (i am a british citizen and british passport hol… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x