Originally Posted by wilba1234

I was reading up on human rights and the right to a fair trial and it states that a trial must be held within a reasonable time.

I was arrested for a DWI in Houston in Feb 2011, it has been almost 2 year since. The judge revoked my bond because I could not attend court.

In the paper work it stated

"The defendant did not appear. The Defendant’s name was distinctly called at the courthouse door, and after waiting a reasonable time, the Defendant failed to appear. It is, therefore, ORDERED that the bond of the Defendant is declared forfeited, and the State of Texas shall have and recover of and from the Defendant, WILLIAM TAYLOR, as principal, on the bond, the sum of $500.00 plus costs of court. This judgment will become final unless good cause is shown why the defendant did not appear."

I believe that not being allowed to set foot on US soile is a good cause.
Also as the court has waited for so long it may look like I have been trying to avoid the hearing. I feel that this will have a negative affect on the outcome.

A right to a fair trial also states that the person should remain innocent until proven guilty. I have had 3 visa's denied because of the DWI, if I we seen to be innocent would I have been granted the visa's?

Originally Posted by jeffreyhy

Fair trial for what? What crime have you committed that you've been put on trial for?

I am not aware of any such rights. What do you believe to be your basis for having these 'rights'?

Regards, JEff

EDIT: I read your story in a post in this thread:
http://britishexpats.com/forum/showt...3#post10335853

I didn't see any mention of a US immigration lawyer being involved in any of your numerous attempts and failures to obtain a visa. Have you retained one?

Originally Posted by Bluegrass Lass

The OP is probably asking because of the EU Human Rights Convention, that can, and does, affect UK immigration. If UK immigration decides against giving someone a visa, that person can sue based on breaches of Human Rights. No such thing is available in the US, AFAIK.

Originally Posted by Bluegrass Lass

Unfortunately, I think you are simply stuck in a catch-22 situation. Federal Immigration law trumps civilian traffic court. So you have no way to get back here to prove your innocence, and without proving your innocence you may not get a visa to come back here.

Have you hired a lawyer back in the US to help with your DWI case?

Originally Posted by sir_eccles

Question, I am not well versed in the bond conditions but when you posted bail were any conditions put on your travel? Knowing you had an upcoming court appearance, did you have permission to leave the country?

Originally Posted by wilba1234

No restrictions at all. I attended my first court hearing and my criminal attorney spoke to the judge and informed her that i had to return to the UK as my visa waiver was about to run out. She agreed to reset the court date as I had an application for a L-1 visa which my immigration attorney at the time informed me that I would have no issues obtaining the visa.

I would love to name and shame but I will refrain

Originally Posted by wilba1234

I was reading up on human rights and the right to a fair trial and it states that a trial must be held within a reasonable time.

I was arrested for a DWI in Houston in Feb 2011, it has been almost 2 year since. The judge revoked my bond because I could not attend court.

In the paper work it stated

"The defendant did not appear. The Defendant’s name was distinctly called at the courthouse door, and after waiting a reasonable time, the Defendant failed to appear. It is, therefore, ORDERED that the bond of the Defendant is declared forfeited, and the State of Texas shall have and recover of and from the Defendant, WILLIAM TAYLOR, as principal, on the bond, the sum of $500.00 plus costs of court. This judgment will become final unless good cause is shown why the defendant did not appear."

I believe that not being allowed to set foot on US soile is a good cause.
Also as the court has waited for so long it may look like I have been trying to avoid the hearing. I feel that this will have a negative affect on the outcome.

A right to a fair trial also states that the person should remain innocent until proven guilty. I have had 3 visa's denied because of the DWI, if I we seen to be innocent would I have been granted the visa's?

Originally Posted by Boiler

The innocent until proven guilty does not apply to immigration.

You need the case reopened, preferably settled. Otherwise you will forever be in the situation of having an open warrant against you that will prevent a visa ever being available.

Originally Posted by wilba1234

I believe they have breach my right to a fair trial, right to family reunification and right of children to parental care.

I am currently trying to obtain a CR-1 visa...

Originally Posted by wilba1234

Exactly, but I cant settle it without being in the country. It has been a total nightmare

Originally Posted by wilba1234

Exactly, but I cant settle it without being in the country. It has been a total nightmare

Originally Posted by wilba1234

My company hired an immigration attorney for the first L-1 application. I told him of the DWI and he assured me that one DWI arrest would not cause any problems. Then after I was denied he admited that he had no experience with this type of case.

He then refered me to an attorney with more experience and redone the paperwork for the L-1 free of charge and the additional attorney charged me $3500 for a waiver of ineligibility package. I was stuck with these attorneys as my company had hired them

I have since hired a different attorney for my CR-1 visa who has handled cases like this before. I feel a lot more confident with him now.

Originally Posted by anuny

Were you in the US on a VWP and working at the same time ? Did you stay overstay at one or more trips ?

I think you are in a pickle.