USA inadmissibility

[ra_hova]

I need some advice on whether or not I am inadmissible to the United States. I was a student in the US from 2002-2005. Around 2004, I experienced some financial hardship which resulted in me violating the terms of my visa by engaging in unauthorized employment and also not attending school for 1 semester which means I fell out of status. I eventually got myself back into school and applied for reinstatement. My reinstatement was denied and I was asked to leave the US within 14 days. I left on the 13th day and notified the USCIS however for some reason, they claim they did not get any notification from me and therefore began removal proceedings. I was eventually ordered removed by a judge despite having already left the country within the time they gave me. This means I was deported and had no idea about it. In September 2015, I applied for a US visa in order to attend my sister's wedding and was denied. I will give further information on my background in order to provide a complete picture. I have been arrested 6 times (3 in the US and 3 in the UK) which I will describe below

Arrest 1 - driving with no permit (2003 - Washington DC). This was treated by post and forfeit which meant that I posted $75 in exchange of having the charges dropped therefore I was never charged or convicted and didn't get a criminal record. Effectively the case was thrown out

Arrest 2 - driving with no permit (2003 - Washington DC). This was also treated by post and forfeit which meant that I posted $75 in exchange of having the charges dropped therefore I was never charged or convicted and didn't get a criminal record. Effectively the case was thrown out

Arrest 3 - Uttering (2004 - Washington DC). I was charged for trying to cash a fake money order but the charges were eventually dropped with a disposition of nolle prosequi. A friend who owed me money had given me a fake money order to pay me back but I was unaware it was fake and therefore tried to cash it.

Arrest 4 - Rape (2006 - London, United Kingdom). I was arrested when a girl I was seeing falsely accused me of rape. I was only arrested and never charged. The crown prosecution service dismissed it after carrying out an investigation.

Arrest 5 - Sending an offensive letter (2008 - London, United Kingdom). I was arrested and given a caution for sending an email that was deemed grossly offensive. I had sent an email around my entire university that insulted someone I was having a dispute with. I was contacted by the police and I admitted it and they subsequently gave me a caution.

Arrest 6 - False representation for gain or cause loss to others (2011 - London, United Kingdom). I was arrested for trying to exchange counterfeit money. I had sold a phone on Gumtree and the buyer gave me fake Euro notes which I wasn't aware of. I was arrested when I tried to exchange them for pounds. The police and CPS did their investigation and eventually I wasn't charged therefore the case was dropped.

As mentioned above, I applied for a US visa to attend my sister's wedding in August, 2015 and was denied. It was during the visa interview that the consular officer told me that I was deported in absentia in September 2005 and therefore I was automatically banned from the US for 10 years. He stated that the ban would expire the following month (September 2015) and that I could apply again once it had expired. On my application form, I did not disclose arrests (4 - rape and 6 - false representation). I didn't disclose them because I was worried that it would make them view me in a negative manner. However, after i had explained the other 4 arrests to the consular officer, he asked me if I had been arrested for anything else. I said no. He probed me further and I still said no. He eventually said he couldn't approve a visa for me due to the active ban and also that he did not believe I was being completely honest about my arrests.

Now with all this said, my main question is: am I inadmissible on the grounds of willful misrepresentation? Would my nondisclosure of those 2 arrests make me inadmissible? I know it's a detailed and complex case but I'd greatly appreciate any advice anyone can provide.

Out of all the arrests I was only guilty of one of them which was sending an offensive letter for which I was cautioned. As for the rest (except for the 2 traffic violations) I was unlucky and was wrongfully arrested because I never committed any of those crimes hence why they were all dropped and I was never even charged in all except one. Since 2011, I have never been arrested for anything else and have made sure I am extra careful so that I am not wrongfully arrested again. I have also gradually built my life by completing university and getting a good job of which I am now the head of a department for the company I work for. I have not engaged in any activities that could cast doubt on my character, I have just been unfortunate to find myself in some of those circumstances.

Thanks in advance and sorry for the long post. I know it's a lot to digest.

[Zerubbabel]

Hello

I think you should try in 25 years and show them demonstrably that you have been a different person for decades. You will then get 1% chances of getting a visa. US Embassies caseworkers have a lot of discretion when it comes to granting visas. It's enough for them to suspect that you are not clean with them and see your past history in the US to decline you forever.

At the moment, many things are happening to you but it's never your fault. It's always "someone else" did and you were a some sort of victim. You need to try to face your own responsibilities and find a new path for your life. Still, this won't erase the past and you will still have to live with some consequences until your last hour.

[ra_hova]

Thanks for your reply. Sorry but I don't appreciate your reply because you have clearly not read what I wrote. I have never been convicted of any crime. Being arrested for a crime doesn't make you guilty. I have not tried to blame anyone for anything in my post so I don't get where you get that from. If you can't provide constructive advice then please don't respond. I don't need your ignorant judgement on my character. I'm not a criminal nor have i ever been convicted of a crime so don't speak to me as if I am one. No one here needs this kind of negativity from ignorant people like you.

[Jaune08]

Now with all this said, my main question is: am I inadmissible on the grounds of willful misrepresentation? Would my nondisclosure of those 2 arrests make me inadmissible? I know it's a detailed and complex case but I'd greatly appreciate any advice anyone can provide.

I don't think you have been misrepresented. It's been said that there's an unspoken rule about the 10 year ban. I know quite few cases where other people have stayed illegally in USA and after completing 10 years away from the States, they applied as visitors and still refused the entry. The truth is, for those illegal overstayers will still be considered as high risk for illegal entry and despite completing the 10 year ban, they may not enter again.

I have only known two cases that are the exemption: two women who acquired dual citizenship (from Canada and France). These two women had a 10 year ban for overstaying in USA in the past, but they were able to demonstrate stronger ties in a third country. They both claimed at the border control they had a ban in the past under her previous passport, however they lived lawfully in another country for 10 years and became residentes there. And they were granted an entry.

On the other hand, first you must find out if you have a lifetime ban, as you lied on your previous application since you omitted two arrests about important charges (such as rape). Despite you weren't convicted, those were significant crimes that you omitted. And that's deception.

It's enough for them to suspect that you are not clean with them and see your past history in the US to decline you forever.

I'm not a criminal nor have i ever been convicted of a crime so don't speak to me as if I am one. No one here needs this kind of negativity from ignorant people like you.

Why are you being rude to Zerubbabel? He only gave you his point of view, and if that touched a chord, it's up to you not to him as he was never disrespectful. Although you weren't convicted, being arrested for uttering, rape and false representation, isn't a minor thing and allows to see something isn't right.

Let's put it in this way: it's like someone with your same criminal records plus a 10 year ban in the the UK wants to enter again to the country, applies for an UK visitor visa and omitted an alleged rape charge in another country. Of course immigration will refuse the entry. It's the same here. It isn't about treating you as criminal, but face the reality and the possibility you won't be allowed to enter to USA anymore.

[Zerubbabel]

Let me share with you a story.

I was working in a small company (Travel Agency) and one of my colleagues obtained a US visitor visa by making a nearly genuine application. Between you and me, his goal was to go to the US, live in a sanctuary city and never come back.

For a couple of weeks, he complained to us that he doesn't have the money to go to the US. The money he showed in his account was a short term loan from his parents and he had to return it immediately after getting the visa.

One morning I came in to work and I found the boss there. He was pale and upset. The day before he gave cash to that guy to place in the bank. Many clients used to pay in cash and once every few days, we would take the money and put it in the business account.

That guy didn't come back. Didn't open the Agency in the morning. There was no receipt from the bank for the deposit and a call to the bank confirmed that no money was deposited. Calling a few people we knew at the airport, confirmed that he has been spotted taking a flight a 6 AM with some luggage. There was no direct flight to the US from that secondary airport but we guessed that his was on his way to the US.

The boss went immediately to the police to fill a complaint. During that time, I used the Agency headed paper to write a letter explaining that one employee used his trust position to stole the business cash and we believe he was heading to the US.

We found the fax number of the US Embassy, Consulate, Department of State... Etc. We then spent half an hour sending our letter and police report to the few numbers we found.

None of them responded or called us back.

In fact, whilst we were faxing, the guy was already in the transatlantic flight with still 10 hours before landing.

He landed in the US, presented to the immigration, got his visa canceled and put back in the next flight home. 2 days later he was hiding at his parents house who decided to pay back 100% the money he stole to avoid the shame of a trial and prison.

In his case, they had only allegations. They had no arrest, no prison time, no anything. Just a claim that he committed a crime and was on the run.

When it comes to immigration to the US, they have a lot of discretion. It's not like judicial movies where the prosecution has to prove any point they make or face being objected by the defense. Here, it's a game where you have no right and they have all right. If you are arrested in the street in the US for anything, you have much more rights than if you present yourself at port of entry. They don't have to prove anything. It's enough for them to suspect or think that something is wrong and you are back. Actually, the US visa doesn't grant you the absolute right to enter the US. It grants you the right to go to a port of entry and talk to an entry officer who has the last word, based only on his judgment and perception, to let you in or not.

Yourself, you have been involved in many bad things in different countries. It didn't happen to you once, but multiple times and you always managed to escape prosecution.

While on the paper you are 100% innocent, that pattern you displayed is enough to raise strong suspicion on your behavior. And when it comes to immigration, suspicion is enough. They don't need hard evidence like you went to court, got sentenced with records... It's enough for them to see that trail to ban you for a long while. I don't think they will ever let you in. You have to face this possibility.