uhameed

Hi,

My story may not be an interest to anyone but since I am desperate
for help in getting back my life and my career, I am trying every
option that I can think of. If it is too lengthy or I posted it in the
wrong forum, I apologize.

I was wrongfully accused of some serious crimes, namely, kidnapping,
aggravated assault, false imprisonment and sexual battery. All of this
was done by a former girlfriend who couldn't stand the fact that I
can't marry her because of my family. This happened in the state of
Georgia. The case initiated in 2003, I was arrested and released on
bail. Just before the trial was set to begin, I was offered a deal by
the DA's office. The deal was that I must leave the country in 75 days
and plead guilty to false imprisonment. All the other charges will be
dropped, and as soon as I leave the country my record will be sealed
under the first offender's act. I'd also plead guilty while
maintaining innocense under Alfred Vs North Carolina. If I failed to
comply with the deal's primary directive (leaving the country in 75
days) I'd be confined in prison for 10 years. I felt it was a good
deal because there didn't seem to be any consequence to the immigration
part and I could go back to my home country and come back at the
earliest possible time. But as soon as I signed the deal the
Immigration and Customs Enforcement (ICE) agency arrested me.
According to my immigration lawyer, they arrested me because it said 10
years confinement on the deal, if there was probation, they'd not have
arrested me. On the other hand, ICE said that they arrested me because
I pleaded guilty to a fellony. But my immigration lawyer said, false
imprisonment doesn't have any precedence as a fellony under immigration
law and its only a crime of moral terpitude. Now I am not deeply
familiar with all the concerns, but my defense attorney, reversed the
deal (while I was sitting in ICE custody) and brought to the attention
of the court that state of Georgia can't banish any one from the
country, its under federal jurisdiction, state can only bar me from the
state itself. In any case, the deal was reversed, I was offered
another deal this time it was 5 years probation while the rest remained
the same. I took this deal because I wanted to avoid a lengthy,
emotional and nerve wrecking trial. I am innocent but I am also a
foreigner and a muslim and given the state of mind about muslims these
days, I didn't know which way the jury will sway.

I left the country and the state department withheld my educational
testimonials, they gave me my passports back but didn't give me any of
the other documents. Incidentally I am also a permanent resident of
Singapore and they kept all those documents in their custody. There is
NO other pending investigation going on and as such the case is now
sealed. According to a statement made by my defense attorney, I am NOT
a convicted fellon. As it stands, I have the guilty plea for false
imprisonment but all else is exonorated.

I got duplicates of my documents and I am now in the process of
applying for my H1B stamp. My H1B is still intact, my employer wants
me to get back in USA as soon as possible and the only thing left
between me and USA is a visa stamp. So I went to the embassy and kept
my immigration lawyers' advise in mind which was "Don't tell the visa
officer anything, let them investigate". Well it turns out he was
wrong, the visa officer didn't quite know everything but he could smell
something, he insisted if I was arrested or processed for deportation.
I insisted that NO that never happened so they asked me to get finger
prints done. If finger printing comes clean from Washington DC they
will then process my application otherwise I will never set foot in US
again. I am certain fingerprinting will turn up my arrest records.

My immigration lawyer has changed statements several times, he has
given me hope and then taken those hopes away from me all in a span of
5 minutes at times. He explicitly told me I DON'T have to leave USA
when the final deal was signed because technically immigration folks
can't touch me. But then he said if you don't go, they'll harrass you.
He said that under the circumstances I can't enter United States from
the eastern seaboard. Only the 9th Circuit courts allow me to enter
USA under the current situation. Which means I can only enter from
California, Washington, Nevada and Alaska. But I don't know which part
to believe. My employer is currently hiring another lawyer in
Washington D.C. who's supposed to be one of the top lawyers in America.
Hopefully he'll give me some solid ground to stand on.

As it stands, my H1B is intact, my employer is still persuing the
labor certification and plans on persuing my green card after thats
granted. Immigration never sent any notice or asked any questions
regarding my whereabouts. They didn't cancel my H1B visa either.

I guess my questions are, if a Visa officer denies me the stamp on my
passport, how can I fight it and what would convince them to grant me a
visa based on my situation? I am willing to apologize for telling them
that I wasn't arrested, I was dumb enough to listen to my lawyer or
perhaps misinterpret what he said. Either way, will they accept this
excuse? Furthermore, if I do get a stamp of the visa, what will happen
at the immigration inside USA? Can I get in through any port of entry
in United States or should I go to California? Thirdly, under the
circumstances, can a Visa officer still deny me my stamp, when
everything else is legitimate?

And finally, can I get a pardon of some sort so that my record can be
expunged and what do I do to get it?

I am sorry if I caused any inconvenience to anyone. Please understand
that this is my life that was taken away because of a conniving
vindictive woman who under the guise of being a "victim" not only
manipulated the government but ruined my life, my family and my
relationships. I don't intend on seeking revenge as I believe strongly
in the almighty's words "Vengeance is mine". But I do wish to come
back to my career and start my life over.

I do appreciate you taking the time to read about it and I certainly
would appreciate any guidance that can be offered. If you require me
to answer questions please send me an email at [email protected].

crg

[QUOTE=uhameed]Hi,
"I guess my questions are, if a Visa officer denies me the stamp on my
passport, how can I fight it and what would convince them to grant me a
visa based on my situation?"

There aren't many avenues to fight a visa denial. They don't have to give you one. Lying on the application was a terrible idea because now you have hurt your credibility.

"I am willing to apologize for telling them that I wasn't arrested, I was dumb enough to listen to my lawyer or perhaps misinterpret what he said. Either way, will they accept this excuse?"

Probably not, because you lied in writing on the application and then at the interview. Now you're also making them prove it. They won't be happy.

"Furthermore, if I do get a stamp of the visa, what will happen
at the immigration inside USA? Can I get in through any port of entry
in United States or should I go to California?"

It shouldn't matter where you enter unless they tried to deny your admission and then you could spend a lot of time in a jail cell with all the appeals. It wouldn't get to the 9th circus court right away. It would go to an immigration judge, and then to the BIA, and then to district court. Even if one of the lower courts ruled in your favor, the government could appeal as well.

If they deny you at the border for visa fraud then it doesn't matter which circuit court has jurisdiction because fraud cases don't get to see a judge at all.

"Thirdly, under the circumstances, can a Visa officer still deny me my stamp, when everything else is legitimate?"

Yes they can. You made a false statement on the application and in person. Even if it wasn't a material fact that was lied about you called into question everything else on the application. They still don't have to issue you a visa.

"And finally, can I get a pardon of some sort so that my record can be
expunged and what do I do to get it?"

Pardons are almost impossible to get in the US. Also anything that is expunged solely to give someone relief from an immigration violation doesn't count.

I do understand that a jilted lover can make false accusations out of spite, but once you made the plea deal that became irrelevant.

Also, even a conviction for a misdemeanor crime of domestic violence can make someone removable from the United States. If this woman lived with you at some point then that may come into play.

scatty

Hi


What a mess!!!


If you are denied you could try a motion to re=open or reconcider but the immigration people are really not bothered how sorry you are

The immigration people tend to only want immigrants that are any or all of the following

Rich, (bring loads of money and employ Americans)

Clever (have a degree in a profession that there is a shortage of)


I would suggest you get a top lawyer if you intend persuing coming to the US. Sorry , but in your case the outcome does not look good


Regards Sue

uhameed

Thank you so much for your reply. Its an eyeopener certainly. All of
my questions are answered, and now I have a new one. Do they keep
record of statements made verbally? I mean if I go in front of a visa
officer, will he/she know that I was there before and made such and
such statement?

uhameed

Thank you very much for your reply. I hope I knew this before
hand..I'd not have come back to my country and fought the case.

crg

They have your signed application. I'm sure they took notes of what you said. They will know.

Chisholm-ak

<<<< Do they keep record of statements made verbally? I mean if I go in front of a visa officer, will he/she know that I was there before and made such and such statement? >>>>

The simple answer to this is YES, They keep some notes written notes in your case file, in regards to questions asked to clarify issues at your interviews.

My visa interviewing officer asked me questions about my Qualifications in London. Then when I filed for AOS in Anchorage at my interview the officer asked about my qualifications and why there was a change since my interview in London, and then request copies of the certification.

Thida

    > I'd not have come back to my country and fought the case.

Yup..you should have fought the case. yYou definitely ahould not have
lied to the visa issuing officer. You should have realized that after
9/11, the database has been overhauled and all your info unless
sealed, would be available.

Good luck.