by gavinmac » Fri Jan 27, 2017 5:57 pm
Hang wrote:Hi Gavin Mac,
Thanks for your email. It was really interesting reading all the comments in the discussion about my letter to the US Ambassador. I'll answer your email in this discussion. By the way, you're really good at keeping it going.
Your first question: What type of non-immigrant visa did you apply for, was it a tourist visa or some other kind of visa?
I applied for a B1/B2 tourist visa.
Question number 2: Have you considered applying for a spousal visa to join your wife and children in the USA?
Yes, this was another option my lawyer and family looked into if it has to come to this. And it looks like it did so we're putting that together. BTW, this non-immigrant visa denial was part of the process of moving onto the 212 (d)(3)(A) waiver. Again, I knew i was getting denied but I was hoping the consulate officer to be an actual human being.....
Question number 3: What were the circumstances of your arrest in the USA for assault with a deadly weapon? Whom did you assault and why and what weapon were you accused of using?
It was a one on one mutual fight over a drunken disagreement where we shook hands after the fight. No weapons were used but I have a martial arts background which handed me the deadly weapon part. Because the neighbors called the police and I had left the scene (not knowing there was a patrol on the way), the police decided to build a case against me which took the three months to get an arrest warrant after tricking the guy I fought with and his friends to give incriminating statements. I'm still in touch with the guy I had fought with through all these years. Just another young Cambodian immigrant and he would never wished what happened to me upon anyone.
Your last question: Is there a reason why the newspaper sometimes spells your name Hang and sometimes Heng?
When I landed in Cambodia, the Cambodia immigration's gave me a piece of paper stating that i am a citizen of Cambodia and for the appropriate authorities to assist me in obtaining my identification card and other legal documents. I was taken to a rural village in Kompong Thom where they didn't believe I was Cambodian nor I had the abilities to possess this document with a signature and stamp from a very high ranking government official. So the local authorities were familiar with my extended family and my late grandfather, HENG, and decided to log me into my uncle's family book and gave me the last name HENG. My father's last name was HANG. So in order for me to move on with life in Cambodia, I had to go by HENG. I changed my last name back to HANG because of this visa application. It was nearly impossible as I had to hire a lawyer to seek affidavits from local authorities and finally getting the judges approval to change my name back.It took me about 16 months, but it was important to make sure the US knew who I was. There's no point in lying as I stated in my application the reason I was deported.
I am content with my life in Cambodia. I just want to be able to visit my family while my wife finishes her program and before coming back in a couple years so we can be a whole family again.
I'm not looking for sympathy from anyone. I know in some people's eyes or minds, I'm the baddest dude and shouldn't deserve anything good for the rest of y life. Everyone has their opinion and that's their prerogative.
I also want to thank all of you for taking the time in reading this note. Feel free to contact me anytime if I left something out or if i can help you understand this refugees/immigrant situation better.
All the best to you Gavin...
Thanks for your response. If the police really did charge you with assault with a deadly weapon just for using your hands, that's a totally bogus charge. I'm surprised they would do that and surprised you couldn't have pled it down to a lesser offense. Was the guy really seriously injured/hospitalized or something like that, or did the police have some vendetta against you? Did they charge with some other crime that was pled down to assault with a deadly weapon? It's terrible and unusual that a mere run of the mill fight with another guy would result in a first offense felony conviction.
I do think you'd have a much better chance at a spouse visa. You mention that you filed for a tourist visa and got denied is a prerequisite to applying for a 212(d)(3)(A) waiver, but I don't understand why. That waiver is for non-immigrant visa applications. I don't know why you're bothering with the non-immigrant route, I guess maybe your preference is to stay in Cambodia.
But if you file a request for an immigrant visa shortly after a denied tourist visa, the embassy might take that as confirmation that the tourist visa request was not genuine and that your intention all along was to immigrate.
As far as the Heng/Hang thing, I thought it was odd, but you've been open about your conviction under both names, so your explanation makes sense.
[quote="Hang"]Hi Gavin Mac,
Thanks for your email. It was really interesting reading all the comments in the discussion about my letter to the US Ambassador. I'll answer your email in this discussion. By the way, you're really good at keeping it going.
Your first question: What type of non-immigrant visa did you apply for, was it a tourist visa or some other kind of visa?
I applied for a B1/B2 tourist visa.
Question number 2: Have you considered applying for a spousal visa to join your wife and children in the USA?
Yes, this was another option my lawyer and family looked into if it has to come to this. And it looks like it did so we're putting that together. BTW, this non-immigrant visa denial was part of the process of moving onto the 212 (d)(3)(A) waiver. Again, I knew i was getting denied but I was hoping the consulate officer to be an actual human being.....
Question number 3: What were the circumstances of your arrest in the USA for assault with a deadly weapon? Whom did you assault and why and what weapon were you accused of using?
It was a one on one mutual fight over a drunken disagreement where we shook hands after the fight. No weapons were used but I have a martial arts background which handed me the deadly weapon part. Because the neighbors called the police and I had left the scene (not knowing there was a patrol on the way), the police decided to build a case against me which took the three months to get an arrest warrant after tricking the guy I fought with and his friends to give incriminating statements. I'm still in touch with the guy I had fought with through all these years. Just another young Cambodian immigrant and he would never wished what happened to me upon anyone.
Your last question: Is there a reason why the newspaper sometimes spells your name Hang and sometimes Heng?
When I landed in Cambodia, the Cambodia immigration's gave me a piece of paper stating that i am a citizen of Cambodia and for the appropriate authorities to assist me in obtaining my identification card and other legal documents. I was taken to a rural village in Kompong Thom where they didn't believe I was Cambodian nor I had the abilities to possess this document with a signature and stamp from a very high ranking government official. So the local authorities were familiar with my extended family and my late grandfather, HENG, and decided to log me into my uncle's family book and gave me the last name HENG. My father's last name was HANG. So in order for me to move on with life in Cambodia, I had to go by HENG. I changed my last name back to HANG because of this visa application. It was nearly impossible as I had to hire a lawyer to seek affidavits from local authorities and finally getting the judges approval to change my name back.It took me about 16 months, but it was important to make sure the US knew who I was. There's no point in lying as I stated in my application the reason I was deported.
I am content with my life in Cambodia. I just want to be able to visit my family while my wife finishes her program and before coming back in a couple years so we can be a whole family again.
I'm not looking for sympathy from anyone. I know in some people's eyes or minds, I'm the baddest dude and shouldn't deserve anything good for the rest of y life. Everyone has their opinion and that's their prerogative.
I also want to thank all of you for taking the time in reading this note. Feel free to contact me anytime if I left something out or if i can help you understand this refugees/immigrant situation better.
All the best to you Gavin...[/quote]
Thanks for your response. If the police really did charge you with assault with a deadly weapon just for using your hands, that's a totally bogus charge. I'm surprised they would do that and surprised you couldn't have pled it down to a lesser offense. Was the guy really seriously injured/hospitalized or something like that, or did the police have some vendetta against you? Did they charge with some other crime that was pled down to assault with a deadly weapon? It's terrible and unusual that a mere run of the mill fight with another guy would result in a first offense felony conviction.
I do think you'd have a much better chance at a spouse visa. You mention that you filed for a tourist visa and got denied is a prerequisite to applying for a 212(d)(3)(A) waiver, but I don't understand why. That waiver is for non-immigrant visa applications. I don't know why you're bothering with the non-immigrant route, I guess maybe your preference is to stay in Cambodia.
But if you file a request for an immigrant visa shortly after a denied tourist visa, the embassy might take that as confirmation that the tourist visa request was not genuine and that your intention all along was to immigrate.
As far as the Heng/Hang thing, I thought it was odd, but you've been open about your conviction under both names, so your explanation makes sense.