ESTA's, Criminal Records in the States, and B visas.
#16
Re: ESTA's, Criminal Records in the States, and B visas.
#17
Re: ESTA's, Criminal Records in the States, and B visas.
p.s. Cochella is in Riverside County which is adjacent to Orange County -- non-citizens with any possible immigration problem do not want to get pulled over for anything in Orange County.
#18
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Joined: Apr 2015
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Re: ESTA's, Criminal Records in the States, and B visas.
Interesting. Wrong, but interesting. NIV holders HAVE been deported, perhaps not directly because of the drug misdemeanor, but rather for the violation of non-immigrant status caused by the misdemeanor. It may be rare, but it does happen.
p.s. Cochella is in Riverside County which is adjacent to Orange County -- non-citizens with any possible immigration problem do not want to get pulled over for anything in Orange County.
p.s. Cochella is in Riverside County which is adjacent to Orange County -- non-citizens with any possible immigration problem do not want to get pulled over for anything in Orange County.
#19
American Expat
Joined: Jan 2004
Posts: 7,598
Re: ESTA's, Criminal Records in the States, and B visas.
People have been deported for something as minor as disorderly conduct. It comes down to whether or not status is violated.
Be advised that the US is under no obligation to allow entry for your court appearance if you have to attend.
Be advised that the US is under no obligation to allow entry for your court appearance if you have to attend.
Last edited by crg; Apr 25th 2015 at 3:30 am.
#21
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Re: ESTA's, Criminal Records in the States, and B visas.
What? So what happened to the right to a fair trial? If they don't allow you to attend such trial (and, presumably, find you both guilty and in contempt of court for not attending)?
#22
American Expat
Joined: Jan 2004
Posts: 7,598
Re: ESTA's, Criminal Records in the States, and B visas.
Let's say it took 10 years to finally remove someone but they have a drunk driving charge pending. Would it make sense to release them to attend a piddly case?
#23
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Location: Kentucky
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Re: ESTA's, Criminal Records in the States, and B visas.
The US Constitution protects everyone who is on US soil... citizens and non-citizens alike. However, the US Constitution is not binding on any other country, therefore there is no guarantee of protection for someone who is outside the US - quite simply, because it does not apply outside the US.
Ian
Ian
Last edited by ian-mstm; Apr 30th 2015 at 12:20 pm.
#24
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Re: ESTA's, Criminal Records in the States, and B visas.
The US Constitution protects everyone who is on US soil... citizens and non-citizens alike. However, the US Constitution is not binding on any other country, therefore there is no guarantee of protection for someone who is outside the US - quite simply, because it does not apply outside the US.
Ian
Ian
Right to Fair Trial - Counter-Terrorism Implementation Task Force
#25
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Re: ESTA's, Criminal Records in the States, and B visas.
You have been accused of terrorism?
Like others have said US Constitution applies in the US.
Like others have said US Constitution applies in the US.
#26
American Expat
Joined: Jan 2004
Posts: 7,598
Re: ESTA's, Criminal Records in the States, and B visas.
Is the UN going that invade the US to ensure this "right"? Perhaps they should start with North Korea first.
#27
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Re: ESTA's, Criminal Records in the States, and B visas.
First, since he hasn't been accused of terrorism, he has no right to a trial (let alone a fair trial) under the UN charter. Second, there won't be a trial in the US, because the situation is within the bounds of judicial discretion and doesn't require a trial. Third, you need to know that trying to make something out of nothing simply makes you look foolish.
Ian
Ian
#28
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Re: ESTA's, Criminal Records in the States, and B visas.
First, since he hasn't been accused of terrorism, he has no right to a trial (let alone a fair trial) under the UN charter. Second, there won't be a trial in the US, because the situation is within the bounds of judicial discretion and doesn't require a trial. Third, you need to know that trying to make something out of nothing simply makes you look foolish.
Ian
Ian
2. How am I making something out of nothing, much less looking foolish? Unless I misunderstand, not showing up to a trial makes you, at the least, automatically found guilty by default (though that may only apply to judgements in civil cases, I'm definitely not an attorney) and possibly guilty of contempt of court for not following a court order to appear.
3. On that note, if he is, in fact, found guilty of contempt and the original charges, that'll pretty much guarantee he never enters the US again, at least for the foreseeable future. Hardly making something out of nothing.
#29
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Re: ESTA's, Criminal Records in the States, and B visas.
Often an issue with those deported for illegal presence, they may have a long rap sheet and why bother spending the money charging them etc, better to deport them.
Trying tome back in say with a waiver through a US Spouse then becomes interesting as with outstanding warrants a visa is unlikely.
Trying tome back in say with a waiver through a US Spouse then becomes interesting as with outstanding warrants a visa is unlikely.
#30
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Posts: 264
Re: ESTA's, Criminal Records in the States, and B visas.
Often an issue with those deported for illegal presence, they may have a long rap sheet and why bother spending the money charging them etc, better to deport them.
Trying tome back in say with a waiver through a US Spouse then becomes interesting as with outstanding warrants a visa is unlikely.
Trying tome back in say with a waiver through a US Spouse then becomes interesting as with outstanding warrants a visa is unlikely.
Furthermore, it won't just affect him in the US - for example, Australia, if I remember correctly, has a blanket ban on people with drugs convictions.