Old h1b denied, criminal case dismissed and 3 day overstay need help

heavybank

New Member
Hello, I need some serious help on my situation, hope some of you guys can help me with this one!

I'm reviewing my DS-160 form before I go ahead and submit it, this is the situation:

Q: Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

A: YES, I WAS ARRESTED A LONG TIME AGO WITH MY DAD AND MY MOTHER WHEN POLICE CAME HOME AFTER A MY DAD FIGHT WITH A NEIGHBOR, MY DAD GOT INTO A FIGHT WITH A NEIGHBOR OVER THE NEIGHBOR PARKING THE CAR IN THE WRONG GARAGE AT OUR BUILDING, THIS SITUATION LASTED FOR MANY MONTHS, FIRST THIS GUY SCRATCHED MY DADS BMW, AND LATER MY BMW, LATER THIS GUY REPORTED MY FATHER TO THE POLICE LYING SAYING MY FAMILY THREATENED HIM WITH A GUN, POLICE CAME INTO OUR HOUSE AND WE HAD NOTHING EXCEPT MY DAD HAD A GUN ON HIS NAME LEGALLY OWNED EVERYTHING LEGAL, AT HOME SO EVERYTHING AND THE CHARGES WERE DISMISSED AND WE WERE TOLD BY THE COURT OUR NAMES AND HONOR WOULD NOT BE AFFECTED BY THEM, I REQUESTED A LETTER FROM THE THE COURT STATING THIS IN CASE THIS IS NEEDED WHERE ITS SIGNED BY THE JUDGE EXPLAINING THIS WAS DISMISSED AND WOULD NOT AFFECT OUR FAMILY HONOR AND NAME..

This case was dismissed, I even went to the local police and got a police certificate that states im record free, however I dont think ticking "NO" is a good idea as I would be lying, I would rather come straight and tell the truth, is this OK? Will this automatically BAN me or have my visa automatically denied? I do have of course the court papers!

Q: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

A: THIS HAS BEEN SO LONG AGO THAT I CAN BARELY REMEMBER THE DATES THAT WELL, HOWEVER I DO REMEMBER SOME. THE FIRST TIME I WENT TO THE UNITED STATES WAS WHEN I WAS FINISHED HIGH SCHOOL, STILL BEING UNDERAGE, I WAS EITHER 16 OR 17 YEARS OLD, MY PARENTS THOUGHT IT WOULD BE GREAT FOR ME TO VISIT THE UNITED STATES AND CANADA WHILE I WAS ON VACATIONS AWAITING TO START COLLEGE DOWN HERE, I REMEMBER I FLEW FROM BUENOS AIRES TO OHARE CHIGAGO, WHILE I WAS IN THE US I TRAVELED THROUGH MANY STATES TRYING TO GO TO AS MANY MUSIC COUNCERTS AND FAMOUS PLACES AS I COULD, THEN AFTER LIKE A MONTH OR TWO I WENT TO THE CANADIAN EMBASSY IN LOS ANGELES TO GET ME A MULTIPLE TIME VISITOR VISA TO CANADA, WHEN APPROVED I FLEW TO VANCOUVER FROM LOS ANGELES, IN VANCOUVER I STAYED IN WHISTLER BECAUSE THATS SUCH A GREAT PLACE TO DO SNOWBOARDING AND SKYING, THEN WENT TO QUEBEC FOR A DAY AND THEN FROM VANCOUVER FLEW BACK TO THE UNITED STATES WHERE A NEW I94 WAS GIVEN TO ME WITH A NEW STAMP DATE ON IT, WHEN BACK TO THE STATES I VISITED FLORIDA MIAMI, PHILADELPHIA, NEW YORK, BOSTON, AND SOMEWHERE ALONG THE TRIPS THE I94 WAS LOST AND I DID NOT KNOW THE EXACT DATE I HAD TO DEPART, I TRIED HARD TO REMEMBER OR GUESS THE EXACT WEEK OR DATE, I KNEW THE ESTIMATED DATE BECAUSE WHEN I GOT BACK TO THE STATES WHEN THE US CUSTOMS OFFICER STAMPED THE FORM I SAID TO MYSELF OH THIS IS ABOUT WHEN I START COLLEGE, SO I KNEW THE ESTIMATED DATE, I CALLED THE USCIS IN THE STATES AND I WAS TOLD TO FILL A FORM AND APPLY FOR A I94 REPLACEMENT, I DONT REMEMBER BUT I THINK THE I94 DUPLICATION WOULD TAKE A LOT TO BE PROCESSED SO I DID NOT WANT TO WAIT MONTHS SO I FLEW BACK HOME BECAUSE I HAD TO START COLLEGE, I EXPLAINED THIS TO THE US CUSTOMS WHEN I DEPARTED AND THEY TOLD ME EVEN WITH NO I94 UPON DEPARTURE MY RECORD WOULD STILL SHOW I DEPARTED BY MYSELF AND NOT AFTER MANY DAYS AND THAT UPON RETURN TO THE STATES IN THE FUTURE I WOULD HAVE TO APPLY FOR A VISA SINCE VISA WAIVERS COULD NOT BE USED WITH OVERSTAYS, I DID NOT KNOW MUCH ABOUT THE WHOLE THING I WAS 17 AND FELT LIKT IT WASNT A BIG THING AND FLEW BACK HOME TO START COLLEGE, THIS IS MORE OR LESS HOW THIS HAPPENED, LESSON LEARNED NEXT TIME TAKE NOTE OF DEPARTURE DATE OR TAKE PICTURE WITH PHONE IN CASE IT GETS LOST.

Q: Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?

A: I DONT REMEMBER QUITE WELL BECAUSE MY FIRST VISIT TO THE STATES WAS STAMPED ON A PASSPORT THATS BEEN STOLEN FROM MY HOUSE, HOWEVER, BACK IN 2001 O 2002 WHEN I FINISHED HIGH SCHOOL I GOT AN OFFER FROM AN IT TECH COMPANY HEADQUARTERED IN WASHINGTON DC, THIS COMPANY WAS SPECIALIZED IN THE IT (TECH.) AREA, THEY WANTED TO SPONSOR ME TO WORK FOR THEM AND THEY TRIED TO GET ME ON AN HB1 VISA HOWEVER IT WAS OF COURSE DENIED DUE TO MY EARLY AGE AND LACK OF COLLEGE DEGREE I WAS PROBABLY 18 OR 19 YEARS OLD BACK THEN AND I DID NOT KNOW HOW VISA WORKED AND WHAT REALLY NEEDED TO GET THEM APPROVED, THIS HAPPENED SO LONG AGO THAT I BARELY REMEMBER ANYTHING ABOUT IT, AFTER THAT I HAVE NEVER EVER APPLIED FOR ANOTHER VISA AGAIN BECAUSE I DIDNT HAVE THE NEED TO TRAVEL TO THE US, NOW THAT I WANT TO TAKE A FEW DAYS OFF VACATIONS IN NY I NEED TO.

What do you guys think? I do have a pretty good job in my country, I work for the GOV, I got a pretty nice USD income, I got the court papers where the case was dismissed, etc...
 
First of all if you want responses to your questions, learn to type without capitalizing everything. It is difficult to read and considered poor internet etiquette. I could not read more than three lines.

Hello, I need some serious help on my situation, hope some of you guys can help me with this one!

I'm reviewing my DS-160 form before I go ahead and submit it, this is the situation:

Q: Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

..
 
First of all if you want responses to your questions, learn to type without capitalizing everything. It is difficult to read and considered poor internet etiquette. I could not read more than three lines.

The reason its uppercase is because I copied and Pasted from the DS-160 which automatically capitzalises everything you type in there.
 
1)You need to disclose any arrests, for whatever reasons they happened. How strongly you feel about it (i.e. the honor of your family,etc) is irrelevant. Just state the facts without embelish them. State that you were arrested, unles the officer ask you for extra details, save them for yourself.
2)You do need to keep track of your entries and departures from the United States, you are a guest not a citizen.
3)Any type of visa rejections, i.e. B1 , H1, F1, J1, K etc, must be disclosed.
Playing devil's advocate here: How is that your father had a legally owned gun? Only Citizens and permanent residents can own them legally. If your dad is a citizen or a LPR, he can or could have soponsor you. Be careful of the things you say to an immigration or consular officer, it may cost you. Good luck.
 
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