about stamp on record

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aptaton

Registered Users (C)
Please help my questions related to many posts here that I read. The questions are for a case which is immidiately dismissed by no fault and no string attached, and also expunged many years ago (5+ years). I remember on a few state and DOH webs, such a case could be legally mentioned as NO in immigration forms, as long as it was dismissed by year 2010 (?) :

1. For arest history, by which means VO, as well as ICE checking at POE, may find a hit on a visitor's information and record ? More clearly, which are used as evidences, and how do they find any evidences ?

2. If an applicant with such a record say NO on forms (legally as mentioned above), and VO or POE still find some record, then what could be the step-by-step procedures/actions upon the applicant at the time the applicant interviews with VO, AND also at the time interview at POE ?

Thank YOU !
 
It does not matter how they find evidence, they have many resources for doing so. They DO find it so do not even dream of lying

If you knowingly say NO when you know that it is untrue, you stand the the high probability of being declared ineligible to adjust status because you lied to an immigration officer.

Don't do it!
 
Feel your great heart and keep it as advice for life. But this time I am looking for more legal information, not a conclusion. These information will have no relationship to decision as that will be determined by lawyer. Anyone willing to share please help. Appreciate it even if as simple as a link.
 
The only type of cases that you can legally leave out (and answer 'no' to the question) is traffic violation that doesn't involve any arrest. Everything else MUST be declared, so you MUST answer 'yes' to the question. You need to show them an official letter from the sentencing court about the disposition of your case. If it has been expunged, you still need a letter from said court saying no case is found.

If you have ever been arrested and fingerprinted, there is a very good chance that your record was forwarded to FBI criminal database. I don't know whether the consular officer can/does check your fingerprint against the database, but the CBP officer at the POE most definitely does.
http://www.cbp.gov/xp/CustomsToday/2004/oct_nov/new_anti_terror.xml

If you say 'no' to the question and the FBI cross check shows an arrest/conviction record, then the only step you can take is call an immigration lawyer, if they let you do so.
 
Your answer did help. I am not going to take any risk. I do want to understand legal matters.

So if the CBP officer at the POE find a hit, what kind of step by step actions will happen ?

Will they refuse adimission and send me back, or will they detain and prosecute me, or will let me in on some conditions and maybe deport me later if conditions not met ?

In this example, how the chance of letting me call an immigration lawyer could save me or maybe not useful at all ?
 
Your questions are becoming quite ludicrous. Go get a fortune teller to answer those questions.


aptaton said:
Your answer did help. I am not going to take any risk. I do want to understand legal matters.

So if the CBP officer at the POE find a hit, what kind of step by step actions will happen ?

Will they refuse adimission and send me back, or will they detain and prosecute me, or will let me in on some conditions and maybe deport me later if conditions not met ?

In this example, how the chance of letting me call an immigration lawyer could save me or maybe not useful at all ?
Click to expand...
 
Thank you so much Hexa. The link also helps me understand a previously posted case with a deferred inspection.

I have to ask you one last question. What could happen if the VO at a consulate find a hit during an interview or a background check ? What kind of step by step actions s/he will take then ? In this example, how the chance of letting me call an (immigration) lawyer could save me, or maybe not useful at all ?

For whoever interested in the information from the link, I paste a section here. She wrote it pretty clearly. Facts and knowledge speak stronger than guessing or being imprudent.

The CBP Inspector’s Field Manual (“IFM”) advises officers that “the authority to formally order an alien removed from the U.S. without a hearing or review carries with it the responsibility to accurately and properly apply the grounds of inadmissibility.” IFM, Chapter 17.15(a)(2). Officers are instructed to only charge those grounds of inadmissibility that can be fully supported by the evidence and to consider, on a case-by-case basis, whether the individual is deserving of any appropriate waivers, withdrawal of application for admission, or deferred inspection to resolve the ground of inadmissibility rather than an order of expedited removal. IFM, Chapter 17.15(a)(2).

After all, any fraud is actually inadmissible to the U.S. for life, and CBP has the absolute power to do that in hours, and no court appeal hearing be available at all.
 
If the Consular Officer denies your visa application, s/he will give you a piece of paper justifying the action based on certain section of the INA. His/her decision is final, but waivers are available for certain cases. The CO also has the authority to mark you as permanently inadmissible for fraud.
 
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