A warrant was issued for false statement at DMV.FELONY

S_Owoh

Registered Users (C)
#21
With the conviction of false claim to US Citizenship you have really messed up. That is about the biggest offense in the immigration eyes. If/when they find out they will put you into deportation. You need to get a very good lawyer and prepare although there may be nothing to do. There is a site immigrate2us.net that may know of lawyers with this expertiese.
 

Carmageddon

Registered Users (C)
#22
Well, sounds like his citizenship dream is most likely lost.

I wonder whether it is possible to sue the lawyer for making such a mistake that will cost him everything?
Anyway we don't know all the facts, he might have admitted before the lawyer could intervene...

Bottom line is, everyone should be at least have rudimentary familiarity with the US Constitution - I mean, you live there, should at least know the basics of the system...
 

Carmageddon

Registered Users (C)
#24
I've stopped halfway, thanks Hexa - I knew not to speak to the police ever, but I didnt think not speaking at all is best thing :)
Amazing.. 10k different laws for which you can be convicted of federal crimes :eek:

With so many incarcerated individuals, how comes this is not a major issue in the elections? how comes all those millions of people don't vote for those who would change those laws and lower incarceration rates?
 

Hexa

Registered Users (C)
#25
With so many incarcerated individuals, how comes this is not a major issue in the elections? how comes all those millions of people don't vote for those who would change those laws and lower incarceration rates?
I don't know a good answer to that. It could be (partially) because many Americans believe that severe punishments deter crimes. District attorneys who have a good conviction record are viewed as great guys, who would often run successfully for higher offices like mayor, governor, congressman, senator, etc.

Oh, about the police, it actually pays to be cooperative and extra respectful if it's a minor deal, like a traffic stop for minor speeding. If the police officer doesn't instantly hate your guts, he has the option of giving you a warning ticket instead of a real one, or even let you go just like that. I got three warning tickets that could have easily been $200 each. Now, if you think it's going to be something serious that can involve jail time, you better respectfully decline to be 'interviewed' without your lawyer present.
 
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henboy1

Registered Users (C)
#26
Carefull read, I had 1 lawyer for the immigration and another for the felony

WAIT.

I didn't see this. Are you telling me your lawyer allowed you to confess that you intentionally checked that box, making it a slam-dunk case for the prosecutor? I am not a lawyer, but even I know of the 5th amendment of the US constitution. He should have advised you to say nothing, and if the prosecutor didn't want to risk losing the case in a jury trial (because he had to prove intent), he should have made a deal with you, reduce it to a misdemeanor and unspecified 'false statement'. The jury might buy your argument that it's just a mistake over a little checkbox.

Instead you confessed and let the mean small town prosecutor hung you by the balls with your own word, while your 'lawyer' did nothing. Splendid. Then he has the gall to push you to file N-400 immediately...

For your own sake, find a better lawyer, please.

There was no rehearsal between myself and my immigration lawyer before the interview.He said he did that so it wouldn't be like my answers were rehearsed.I am not sure if it helped or hurt my my admission.If I denied everything, the investigator could have imposed a suspension on my CDL(yes I did have a CDL on the old licence)until the court date.

There is really more to the story.This is how the confusion and charge errupted.I always had a social which I recieved from my dad when I was only 17.That social had my actual full name except middle initial.I always used that social and it always had excellent credit(750score).When I recieved the greencard in 2009, I then went to motor vehicle to get a licence that reflected the actual(to match the greencard middle initial and DOB)The DOB on my prior social's CDL was 2 yrs off.I was pretty much living in the dark for years until NOW.As the story continues, I went to DMV to apply for a drivers(class C) that matches the info on the greencard.At the time I approached DMV I had 2 socials(I presented the greencard social), both with the same name but different initials.The purpose was to get a class C licence with the correct info and then discard the old one as it didn't match my Greencard.



Through facial recognition software, they found a discrepancy in their system.Here you have 1 of the same face on two different identities.The initial class C permit was never mailed and so I went back there to inquire.They then confiscated the green card(2 yr card at that time) and my green card's social.They then gave me an investigators # and told me to contact her.This is when I got my immigration lawyer.Again nothing was rehearsed.I am not sure but, another admission was(through another facial recog), I did renew my brother's drivers licence 10yrs ago.This was done twice.She initailly had four charges against me but she dropped three and kept the only felony.My brothers driver's lic. that I renewed had expired 5 yrs ago.Don't be quick to judge but, I myself , I am not sure.If I had denied, the investigator could have said........."all we can do now is revoke his CDL until the court date".As you know the court date came around about a yr and half later.Imagine if my CDL had been revoked all that time.During the questions, she asked if I had used the old social for credit.I did admit, I had used it for credit but paid everything back and that was why I had a FICO score of 750.This was evident, she checked my credit on both the old social and new.The new social had no credit info.Though I hate what I went through, in liking my lawyer or whatever the case was , she combined my old info and my new info and gave me a CDL.This could have been denied by DMV.She checked both my background on both social/name and nothing came up.She also let my lawyer know that the outcome of the case can affect my status.


After the interview, my immigration explained to me about what she meant by that.He said, ........."she meant when I apply for citizenship they will look into the severity of the crime and they may deny me:.Before the judge imposed his punishment, he also cautioned me about this same thing.My lawyer must have known that there is no jail time for this crime to have said what he said.



Anyway, I have put this behind me, and at this point my old social is with them and they have contacted SSI to discard this.I have started off with a prepaid credit card to build my credit on my new identity.There was a freeze on my new social's credit info with equifax but I have rectified that.

I have built something for myself in this country, I have a whole trucking company with 3 trucks to run.I am not yet thinking about citizenship.$7500 later, I am thinking about LIVING.
 

Hexa

Registered Users (C)
#27
Oh well, live and learn. Next time you should retain a criminal lawyer, working in conjunction with your immigration lawyer. Your case is a cluster, just be thankful they didn't kick you out immediately.
 

Morkel23

Registered Users (C)
#28
re

I think the state laws are different for different state so you must ask any solicitor there who will consult you about this issue that what to do and what document you have for preventing from any further legal action against you.
 

henboy1

Registered Users (C)
#29
Happy holidays guys!I have a crucial question.

Update:I completed the community service and I have been paying my for the last 15 months.I have only 9 more months to go on the fine.The probation was for 5yrs.I report through the automated system once a month.

I am about to travel, and since I am on probation, I would like to know if it would be safe to come back.I am currently about to get a travel permit from my probation officer/judge.Someone is telling me that the worse case is that, they would deny me entry.The second worse case is that they will only give me PAROLE doc and take the green card.With the parole doc, I have years ahead to fight in an immigration court.Is there a lawyer on here I can contact to see if they can check my Green card with ICE/customs before I take my trip?
 

henboy1

Registered Users (C)
#30
found my answers

Happy holidays guys!I have a crucial question.

Update:I completed the community service and I have been paying my for the last 15 months.I have only 9 more months to go on the fine.The probation was for 5yrs.I report through the automated system once a month.

I am about to travel, and since I am on probation, I would like to know if it would be safe to come back.I am currently about to get a travel permit from my probation officer/judge.Someone is telling me that the worse case is that, they would deny me entry.The second worse case is that they will only give me PAROLE doc and take the green card.With the parole doc, I have years ahead to fight in an immigration court.Is there a lawyer on here I can contact to see if they can check my Green card with ICE/customs before I take my trip?

Since no one could answer this question.I consulted my immigration lawyer.I got the bad news.
He said 3 things could happen at customs.My record out there says the crime was in 2008 and the arrest was in 2011.Disposition was in 2012(guilty plea).My criminal lawyer did plea into a first offender.The record is there until I complete the 5 yr probation and so, I know customs will see what I was able to pull up.Anyway, I am getting a travel permit from the JUDGE.
These is what my lawyer said.
1.They may not say anything and let me through
2.Stop me and question me about the charge and take away the green card and give me PAROLE.If I am nice , they
will let me in to come defend myself through immigration court.
3.completely deny me entry.

He is said more likely, #2 will happen.His cost to defend me through removal proceedings in immigration court is $15k and which could take up to 5.They key is to buy time after I finish the probation.


This is what I am thinking.If #2 happens, I will come back to the US, PACK UP AND LEAVE.I have already spent $8000 in court and lawyer fees for the charge.I don't have anymore energy besides the probation and the monthly fine fees that I am paying.After 29 yrs of being here and not being back home, I NEED TO GO BURY MY DAD.
 

Carmageddon

Registered Users (C)
#31
Sad to hear, such a misstep can have such effects.
I would say not to give up! it is not a lot of money for lawyer (and that can explain why you had such a bad lawyer), but do spend money on good lawyer, and getting out of the tight spot.

I will also tell you something from personal experience: when my grandfather passed away, my uncle (who lives in N. America) has not come to his funeral, for similar reasons (financial debts leftover in this country), so just to be on the safe side, he didn't come.
Nothing bad happened, no one in the family hates him more, or loves him less because of this.
Everyone understands why he couldn't come.
In your case the risk is even higher, I don't understand why you have to go... social pressure?
I'd say, if those "family" people don't understand your situation, they are not worth of your attention.

But - it is your life, your call - good luck whatever you choose! and please keep us updated, hopefully for the best.
 

henboy1

Registered Users (C)
#32
During desperate measures , decisions seem to be all over the place

Sad to hear, such a misstep can have such effects.
I would say not to give up! it is not a lot of money for lawyer (and that can explain why you had such a bad lawyer), but do spend money on good lawyer, and getting out of the tight spot.

I will also tell you something from personal experience: when my grandfather passed away, my uncle (who lives in N. America) has not come to his funeral, for similar reasons (financial debts leftover in this country), so just to be on the safe side, he didn't come.
Nothing bad happened, no one in the family hates him more, or loves him less because of this.
Everyone understands why he couldn't come.
In your case the risk is even higher, I don't understand why you have to go... social pressure?
I'd say, if those "family" people don't understand your situation, they are not worth of your attention.

But - it is your life, your call - good luck whatever you choose! and please keep us updated, hopefully for the best.

After consulting with my lawyer in person and 3 others online, I have decided NOT to go.The risks is too much.The best thing for me to do, is to finish serving the PROBATION.Hopefully another 18 months and they may release me.
Then in 2 years, have my lawyer file for the N-400 with the disclosure and court papers.After the citizenship , then go.
 

henboy1

Registered Users (C)
#33
Someone just advised that I go to the IMMIGRATION SERVICE CENTER and talk to a counselor about my issue and if I would have problems at customs.What do you guys think?He said people go down there all the time to find out their status etc.......
Would I be going right into the horses mouth
 

Hexa

Registered Users (C)
#34
Someone just advised that I go to the IMMIGRATION SERVICE CENTER and talk to a counselor about my issue and if I would have problems at customs.What do you guys think?He said people go down there all the time to find out their status etc.......
Would I be going right into the horses mouth
I don't see how that would help you, it can only hurt you. At best they'll say there's nothing they can do until you finish your probation, at worst they'll refer you to the ICE for enforcement.
 
#35
Here is my suggestion.

(1) Get copy of the complete court file

(2) Get this case reopened and withdraw your guilty plea. There can be couple of grounds for reopening - (a) Bad and ineffective legal defense provided by earlier attorney (b) I am guessing that your defense attorney and judge did not warn you about immigration consequences of your guilty plea. (unless you signed or checked some paper to that affect)

(2) Do not talk to USCIS or ICE unless you fix the above issue. BTW, ICE has a quota of 34,000 beds which needs to remain occupied every day. Private companies managing these ICE prison beds receive $200 per day per bed.
 
#36
USCIS doesn't subject people to criminal background check for green card renewal, so you should be able to keep it indefinitely. However, N-400 will get you FBI-checked, so they're gonna find out about it.[/QUOTE]

I was told that they did, hence the reason for biometrics.
 
#37
Any new update to your case?
I was in similar situation and the charge was reduced from felony and I was issued 11 months probation. I renewed my GC 3 yrs after. I would like to file for my citizenship now. I am hopeful and nervous at the same time.
 

henboy1

Registered Users (C)
#38
Hello all!It's been a minute!The state put me on a 5 yr probation, $3000 fine, 100 hr community service and 4 months of intensive check-on(I had to be home by 7pm).
I have done all this and I am about to get off probabtion. The next step is filing for the N400 or renewing the green card in 2022.I just dont have money for a $3000 lawyer. I am seriosuly thinking about going back home in facing the worse.I am just tired!
 

henboy1

Registered Users (C)
#39
Btw, I didnt get a chance to go back home and bury my dad, because my lawyer said they may not allow me entry and it would be a risk.The probabtion office was also asking for so much for the travel, so, I decided not to take that risk.
 

ananga73

Registered Users (C)
#40
Hello all!It's been a minute!The state put me on a 5 yr probation, $3000 fine, 100 hr community service and 4 months of intensive check-on(I had to be home by 7pm).
I have done all this and I am about to get off probabtion. The next step is filing for the N400 or renewing the green card in 2022.I just dont have money for a $3000 lawyer. I am seriosuly thinking about going back home in facing the worse.I am just tired!
Henboy, I am sure your father (may he R.I.P.) will understand your decision. Also for many of us immigrants, USA is now home especially if you're happy here. All the best.
 
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