Arrested for Hot Check - please help

G

gita1974

Registered Users (C)
I am a victim of identity theft. Around the year 2002 my bank sent my checks to the wrong address inspite of me telling them my current address.
Somehow, these checks got into the wrong hands and a person started using these checks. As soon as we discovered this we closed the account but that did not prevent this person from using the checks. A total of over 200 checks were used over a period of 3 years. For each bad check we have had to file "Affidavit of forgery" at the Bank. We have had to constantly visit the courts whenever a particular vendor decides to prosecute us and each time we have to prove our innocence.

I was recently arrested by a police officer during a routine traffic stop. The reason was that the "Hot checks" department of one city could not get our current address to tell us to come and prove our innocence. They sent the notification to our old address and when there was no response from us they issued an arrest warrant in my name and I was arrested. I was taken to custody and a picture was taken with fingerprinting, etc. etc. I was released on bond. Once I was released I hired an attorney since things had obviously escalated.

With this background, let me come to the reason for this post. I am eligible to apply for citizenship in June of this year (2 months from now). The attorney that I have hired is also an immigration lawyer. I would like to ask this learned forum the following questions:

1. Will I ever get my citizenship ?
2. How long will this take ?
3. I have every single document from all the DA offices, bank,etc.
4. Is there any way I can expedite my case ?
5. Will my FBI check fail since I have been arrested and fingerprinted ?
6. Can I do anything proactively before actually sending out the N-400 application to help my case ?

I know I should really be asking my attorney these questions, but I wanted to also check with the members here to see if anybody can suggest any way to make my citizenship application process less painful.

thanks
Gita
 
Just because you were arrested and finger printed does not mean automatic denial of your citizenship.
What was the result of the case for which you were arrested? If the case against you was dismissed and you have all the paperwork.....you should have no problems.
You have to however mention the arrest info on the N400.....

good luck
 
I'm sorry to hear about what happened to you. It is quite scary, actually.
In my opinion, you should not have a problem getting your CZ.

When you file your N-400, there are a set of questions under Good Moral Character section - You must answer them truthfully. Attach whatever copies of court documents you have to prove your innocence with your N-400. If the space is not enough on the form, explain this in detail in a separate sheet of paper. If every time, a case was filed against you and it was dismissed in court, then you should have that many court dispositions to prove it. When you file N-400, copies of these are enough, but you must take "Court certified" court dispositions (the originals) with you to your CZ interview.

Simply put, When you go for FP for your CZ at your local ASC, the FPs are sent to FBI and they return the results back to USCIS. The FPs will not be rejected, unless there is a problem with the "technical quality of Finger prints taken" - not because you have an arrest record. It has nothing to do with your previous arrest or when you were FPed by the cops. Then FBI will then send your arrest records back to USCIS. Therefore, at the time of interview in all likelihood, your file will already have all this info from FBI. So first thing is - you shouldn't worry about "failing" finger prints.

Your case will take just as long as it takes for people filing for CZ at your DO. You can watch this forum for specific timelines pertaining to your DO. Your arrest is not going to affect / delay your CZ process. There is nothing you can do or need to do, to expedite your process. Your case is just like any other N-400 case that the DO has - nothing special for it to be delayed.

If you follow the normal process for filing N-400 - send along copies of court docs etc that it asks, then you should be fine. If you are going to take your immig lawyer with you to your interview, then he will guide you how to answer the interviewer's questions. If you plan not to take him, then all you have to do is, explain to the Interviewing officer the entire case, just as you have done here. I sincerely think your N-400 would be approved, if you do all this.

Good luck and keep us posted.
 
how about nameCheck

All,
thanks very much for the replies. Makes me feel a lot better.
I am a little paranoid especially because I see so many stories on this forum that the name check took so much time. does the FBI fingerprint check mean name check. What are they actually checking in the nameCheck ?

Will my husband's citizenship get delayed since we share the same last name ? can he face any name check problems ?

thanks
Gita
 
First thing, do not worry about your husband's N-400. Each case is its own and will be looked at USCIS individually and your arrest does not have any implication on his application. I would say such things may be related or linked between applications, only for terrorists or something as serious as that. So, you don't have to worry about it with respect to your case.

Ok.. name check is something different. Your arrest alone will not cause your case to be held up by name check delay. Typically it is something that FBI or other agencies who might find a hit on one's name. Generally, even though the actual applicant may not be the culprit, if they find a name relationship to someone they believe has terrorist links or something to do with it - in fact no one knows what exactly causes a hit - but it is quite unlikely having an arrest record such as yours, will get your case delayed by name check.
 
gita1974 said:
All,
thanks very much for the replies. Makes me feel a lot better.
I am a little paranoid especially because I see so many stories on this forum that the name check took so much time. does the FBI fingerprint check mean name check. What are they actually checking in the nameCheck ?

Will my husband's citizenship get delayed since we share the same last name ? can he face any name check problems ?

thanks

For the single reason that you share the last name he shouldn't have any problem with his N-400.

About you, since you can prove what you posted in your initial message, I don't think you will have any problem with your Naturalization.

You can't expedite your your N-400 processing, the fact that you were a victim of identity theft, doesn't have anything to do with grounds for an expedite Naturalization.

I think, a lawyer is recommended in your case, and you have one, don't apply like most of us just by yourself.

Good luck :)

Gita
Click to expand...
 
Gita, for one you have not been convicted of a crime - that's very important. If you'd have a pending trial, the USCIS may want to wait to see the outcome of the trial. You seem to be able to prove your innocence. So that is an uncomfortable situation but you should be fine at the end.

Gita, please educate me ... is there no way to put a block on your checks - for example by closing a bank account and so on. Would it not be likely that one of the 200 bad checks would yield a lead to the thief ? I am amazed to hear about the serious consequences of the mailing error of the checks ...would not the bank have some responsibility to make sure that this cannot happen ? Why would a thief not print their own 'phantasy checks' if it is so easy to buy things and services with it ???

Alex
 
checks

Alexander,
What happens is that the vendors who accept the checks do not always have check scanning machines to verify whether a check is bad or good.
The thieves have a very well coordinated network and know whom to target and when.
You are correct, they can also fabricate their own checks on the internet and continue using it.

You brought an interesting point about a trial. What would happen if a vendor decided to go to court during the course of my N400 application ? How would this hinder things ?

thanks
Gita
 
gita,
Why dont you lodge an official complaint about this whole identity theft incident with the local police authorities and whatever investigating agency handles this (FBI) ? Give them a copy of whatever correspondence you had with the bankand the fact that you closed the account.
Then forward a copy of your complaint to the bank which closed your account and the credit reporting agencies.That way it is on record that you are a victim of identity theft and you wont have to run from pillar to post everythime the thieves write out a check.Also if there is a warrant for a related incident the police will inform you and them and it may just prevent you from getting arrested the next time over.
If a vendor does file a suit against you the complaint may facilitate an early dismissal of the case.

I'm no expert but i think the fact that the hot checks are being backtracked to you shows that the bank is not taking this as a theft issue and they are only reporting the fact that you closed the account.
 
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As an afterthought also go to the DMV with the complaint and get your license no changed as well. Most vendors do take in some sort of ID proof while accepting checks so maybe these guys have your DL# as well.
 
A forged check is not just a loss to a custmer but a loss to the business too and it is not easy to make cheques(print cheques) like you have stated..so any business even on the slightest hint that they have on a cheque do not accept it,that is what they preach 24/7...
the best precaution is toopen an online account with your bank which i assume is a basic necessity these days and keep track of your accounts...
since you had cancelled the cheques from the bank i see no reason why you have to be held responsible,talk to your bank,better business bureau ,the business which was involved and file a lawsuit against your bank...
coz according to law you cannot be held responsible for someone else writing hot checks or fake checks in your nameunlike identity theft where someone gets a credi card in your name...the business has to check proper identification before accepting cheques/credit cards,it is the law....
trust me you can be a millionaire if you hold a good lawyer and sue the concerned business for negligence on their part and the trauma it has casued you.
 
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replies

I have already changed my drivers licence because this person also forged my drivers licence. I know this because my dl # has appeared on all hot checks.
We have filed a lawsuit against the bank but we filed it only after my arrest (too late I guess). I really do not want to be a millionaire because of this. I only want the Bank to own up to their fault and take care of all these cases for us and make sure we get our citizenship.

I am still curious what would happen if we were to be summoned to court during the citizenship process after we filed our N400 application.
 
how can a guy catch hold of your cheques and ur drivers license...do u know this guy...unfortunately, unless you sue the business i dont think anyone including your bank wouldnot care to resolve this..you have to start suing the business owners..target the business which are big...who preach that they are a responsible business..how can this happen in america 200 cheques with a fake id..
 
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reply

Know I do not know this person.
We had our drivers licence on the check when we printed it out and that is how they got hold of it. In hindsight you might think this was stupid to do, but I think this actually saved us because when she got hold of our checks she could not use it rightaway since the DL was mentioned in it. She had to also get a fake id. This probably took her some time. This time was enough for us to realize that the checks were stolen and we put a stop payment on all checks and closed out the account.

I say "she" above because one vendor almost caught her(big story behind this) and called me up(tel. number on check) to tell me this.
 
moderators - help

The main reason why I posted on this forum was to make sure that mine and my husband's citizenship application is not in jeopardy because of all these legal issues.

thanks
Gita
 
the reason i am worried is i had bank of america mail me checks to the wrong adress 2 yrs ago...even though i had it cancelled.....
now am getting a bit nervous....
 
The bank does not seem to have taken its responsibility seriously. If you don't mind answering, which bank did you close your account with?

Your story did send a chill down my spine. That said I never use a check when I can use a credit card or bill pay. Most gas stations have stopped accepting checks. In countries such as Australia, checks are now almost obsolete. The government there introduced an extra tax on all checking accounts. This moved people towards using a credit card or a check card/debit card or just an ATM card. The bill pay system there is much more developed than here. Majority of the people still use checks for small transactions. I hate it when people hold up the lines at super market check out lines, writing out checks.


gita1974 said:
The main reason why I posted on this forum was to make sure that mine and my husband's citizenship application is not in jeopardy because of all these legal issues.

thanks
Gita
Click to expand...
 
Not to worry...you will get your Citizenship.

There are many cases posted on this forum with crimes and convictions (there was a shop lifting case with conviction I think but N-400 was approved). I did not see denial of citizenship that was based on such things.

In the worst case, there is an appeal process that seems to be more willing to listen than USCIS.

So be brave...follow the instrcutions of one of the poster about documenting clearly. Did you check with FTC website on ID theft and actions they recommend?
 
bank name

It was community credit union (now called viewpoint bank).
I have not checked the FTC website - I will thank you. The problem is that this happened 4 years back and we are still suffering for it. When it happened I did not contact a lawyer because the bank made me believe that the affidavit of forgery that I filed was enough to protect me, but that is not the case.
I am glad that the other members of this forum think that me and my husband will get our citizenship without any problems. I am curious to know what the "appeal process" is if our citizenship gets denied.
Also, is it true that if INS comes to know(through the N400 application) that I have been arrested, there is a chance that I will get deported ?

thanks
Gita
 
It does not sound right!

It appears this is a fraud scheme – the more I read it – it looks like you, your husband and “she” are partners, what is your share 33% each, “she” happens to know your exact name and no misspelling – and by chance happens to speak English in Indian dialect. :rolleyes:

You are trying to portray the bank and the merchant as bad guys – in reality they are the victims here – merchants has given up goods – the bank has to honor the checks and pay up. ;)

Lets step back – you claim you moved – how long does it take you move? Two days in same town – two weeks out of state – two months to Alaska. Do you receive monthly bank statements? Like everyone else? Oh sorry you forgot all about it - for how long? :D

Secondly why do you worry about your husband? Is he in jail? Was he arrested? One thing you hide is – what happened in court? The best thing is have a good criminal lawyer who is familiar with immigration laws, and before applying for citizenship get a good immigration lawyer who is familiar with criminal laws. :eek:
 
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