My wife needs to get her fingerprints taken so she can get a copy of her records. My question is, is it safe for her to goto the Sheriff's office to have them taken. She has a foreign passport, but she is here illegally. Is there any risk that they would look through her passport and see that it isn't stamped and she has no visa? Thanks
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Getting Fingerprints Taken
- Thread starter wayne57
- Start date
My wife needs to get her fingerprints taken so she can get a copy of her records. My question is, is it safe for her to goto the Sheriff's office to have them taken. She has a foreign passport, but she is here illegally. Is there any risk that they would look through her passport and see that it isn't stamped and she has no visa? Thanks
wayne,
Why are you starting a new post?
Why would she need to get fingerprinted now? When she files for adjustment, based on your I-130--grandfathered by her mother's I-140, she will get fingerprinted by USCIS. Other than being EWI, has she got other issues?
Yes, she got arrested in NYC about 5 years ago for "Fare Evasion" on the subway. She said the judge her record would be cleared after 6 months. Well, I need to get a record of that to turn in with the I485. I have to say "yes" to the arrested question, and I need something that explains what happened, and we don't have any records of the incident.
pleasehelp08
Registered Users (C)
Yes, she got arrested in NYC about 5 years ago for "Fare Evasion" on the subway. She said the judge her record would be cleared after 6 months. Well, I need to get a record of that to turn in with the I485. I have to say "yes" to the arrested question, and I need something that explains what happened, and we don't have any records of the incident.
If you go to the court where the charges were filed and ask for the record , they will give it to you. I don't think you have to give them your finger prints. They can pull the record with either SS or case #.
If you go to the court where the charges were filed and ask for the record , they will give it to you. I don't think you have to give them your finger prints. They can pull the record with either SS or case #.
I would like to do that, but we have 2 issues.
1. We no longer live in NY. We're about 10 hours away.
2. She doesn't have any type of ss# or case #. She says that when she was released they did not give her any documentation.
pleasehelp08
Registered Users (C)
I would like to do that, but we have 2 issues.
1. We no longer live in NY. We're about 10 hours away.
2. She doesn't have any type of ss# or case #. She says that when she was released they did not give her any documentation.
Try to call them and see what are your options. You might have to send them a letter requesting the papers and disposition.
You can file you application (I485) and they will do the finger prints and if she was finger printed then they will get the record. you just need to provide them the disposition.
This type of record might not even show up on NCIC being that the case was derailed in county court. You might be better off requesting records from the state of NY rather than the FBI because when you think about it the chances of the FBI having this record are slimmer than the state retaining them.
So praxx your saying when she takes here fingerprints there is a great chance that it wasnt sent to the FBI database and it wont come up on the uscis search of here prints just want to clearify..
This type of record might not even show up on NCIC being that the case was derailed in county court. You might be better off requesting records from the state of NY rather than the FBI because when you think about it the chances of the FBI having this record are slimmer than the state retaining them.
So praxx your saying when she takes here fingerprints there is a great chance that it wasnt sent to the FBI database and it wont come up on the uscis search of here prints just want to clearify..
No what I am saying is that it might not show up on the NCIC records they posess but it WOULD show up on the state/local records that they posess and make your wife look like she is trying to hide something. This is why I suggested you request the state records, grab the case numbers and find the final disposition and get proper copies of that to bring with you or submit with the 485.
So how about if she was out of the country and is in the process of getting a visa through a spouse when its time to take her prnts at the counsalate for the final state of granting the visa would it even show up the reason im askin is my wife is kinda in the same boat she was brought to the U S as a very young age and her not knowing of her status (illegal ewi) at the time she got into trouble and got arrested but this was almost 10yrs ago and she was told the case would be erased after a year and now im petioning for her its already been approved which means where almost at that point for her to be fingerprinted so my question for you praxx is how could this play out thank you for your reply in advance.
No what I am saying is that it might not show up on the NCIC records they posess but it WOULD show up on the state/local records that they posess and make your wife look like she is trying to hide something. This is why I suggested you request the state records, grab the case numbers and find the final disposition and get proper copies of that to bring with you or submit with the 485.
Was she told the case would be erased without any consequences before 1996 or after 1996? If she was told that it would be erased after 1996 without any unfortold negative consequences then her rights to proper and effective counsel were violated and that's the argument she can make.
If the case was erased before 1996 and they told her(innocently but possibly correctly going by pre-1996 laws, or not) that there would be no immigration consequences then you have a slightly more complex situation. You would then argue that contract law and constitutional law was broken and this would be argued through circuit court proceedings in whichever circuit her domicile was at the time or whichever one she is in now...I'm not sure how all that works detail wise. You could probably start by citing that 2007 case of the Pakistani defendent Khan from Michigan who argued his narcotics conviction was invalid for immigration benefit denial due to it being pre-1996 and other such recent cases where the retroactivity of the 1996 laws is being challenged and overturned.
I'm not sure what the dates were for your wife's infractions..were they pre-1996 or post-1996?
If the case was erased before 1996 and they told her(innocently but possibly correctly going by pre-1996 laws, or not) that there would be no immigration consequences then you have a slightly more complex situation. You would then argue that contract law and constitutional law was broken and this would be argued through circuit court proceedings in whichever circuit her domicile was at the time or whichever one she is in now...I'm not sure how all that works detail wise. You could probably start by citing that 2007 case of the Pakistani defendent Khan from Michigan who argued his narcotics conviction was invalid for immigration benefit denial due to it being pre-1996 and other such recent cases where the retroactivity of the 1996 laws is being challenged and overturned.
I'm not sure what the dates were for your wife's infractions..were they pre-1996 or post-1996?
So how about if she was out of the country and is in the process of getting a visa through a spouse when its time to take her prnts at the counsalate for the final state of granting the visa would it even show up the reason im askin is my wife is kinda in the same boat she was brought to the U S as a very young age and her not knowing of her status (illegal ewi) at the time she got into trouble and got arrested but this was almost 10yrs ago and she was told the case would be erased after a year and now im petioning for her its already been approved which means where almost at that point for her to be fingerprinted so my question for you praxx is how could this play out thank you for your reply in advance.
Ok I was spaced out I didn't see the 10 years ago part. In 1996 there were some major changes in immigration policies which were later on challenged successfully. After 1996 there were also some changes many of which were also challenged so what you would do is go back in time to the year that the arrest or conviction was made and try to figure out if under the immigration policies of THAT year she was deportable. Then also figure out if the prosecuting attorney or her lawyer informed her of the consequences. If they didn't then her rights were denied and she can argue that. Also...if she was NOT deportable in 2000 and she perhaps became deportable after 2002 or any other year they made a major change in immigration law she can still try to use the 1996 principle and argue that retroactivity should not apply in here case. At a consul this argument would have to be airtight...is there any chance of her scoring a visit visa and then applying for AOS inside the US? Does the incident render her inadmissible even as a visitor or student?
Lastly another thing just popped in my head. If she was a minor when this occured then it could be thrown out a lot easier.
Lastly another thing just popped in my head. If she was a minor when this occured then it could be thrown out a lot easier.
Yes I believe it may look shady because the consul might tell you that he has reasons to believe that she wants to move to the US long term as is evidenced by her i130 as well as her relationship to a spouse and that she is using a visitor visa just to pass through inspection at the border checkpoint and then intends to not return when the visit visa expires.
Now you could appeal to the consul and say hey she just wants to visit right now and go back and wait until the i130 is approved or to adjust status but I am not sure how that would play out. Obviously an i130 needs much more strict screening than a mere visit visa and everyone knows that the AOS process will give people a better chance than consular because with AOS the petitioner has access to BIA and the supreme court process whereas they do not have these privileges with consular processing at all.
But there are also dual purpose visas such as H1B which are hard to get petitioned and approved for but at the same time I believe the exclusion process for an H1B visa is definately not as strict as for an i130 BUT they may ignore the pending i130 during H1B approval because their field manual tells them to ignore it in this case. I do not have access to consular field manuals so this is pure speculation. Maybe someone with more knowledge of the consular process can answer you here? Or you could even make this a question on those telephone conferences that the laywer who runs this website offers free of charge...
Now you could appeal to the consul and say hey she just wants to visit right now and go back and wait until the i130 is approved or to adjust status but I am not sure how that would play out. Obviously an i130 needs much more strict screening than a mere visit visa and everyone knows that the AOS process will give people a better chance than consular because with AOS the petitioner has access to BIA and the supreme court process whereas they do not have these privileges with consular processing at all.
But there are also dual purpose visas such as H1B which are hard to get petitioned and approved for but at the same time I believe the exclusion process for an H1B visa is definately not as strict as for an i130 BUT they may ignore the pending i130 during H1B approval because their field manual tells them to ignore it in this case. I do not have access to consular field manuals so this is pure speculation. Maybe someone with more knowledge of the consular process can answer you here? Or you could even make this a question on those telephone conferences that the laywer who runs this website offers free of charge...