Immigration Service fingerprints of greencard holders at airport,Greencard rights are protected

StonedAnt said:
Well, if your case history is that messy, that could happen at any time (especially when applying for citizenship) and not just while entering the US. As a matter of fact, that could even happen to a person who has had no prior arrest records and just be a victim of a simple confusion. One way or another, I am sure that person would get an opportunity to appeal in court.


Stoned!
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In that case, I suggest such a person if he still have good career opportunity in his
home country give up GC. Neither citizenship nor permanent residency is a ticket to heaven where you will really live in eternal happiness permanently. Life is short. LIving in USA is not worth the effort if it means you have to fight a big legal battle for every entry, every renewal of your GC and sleep with many bad dreams.

If you can accept either kinds of outcome, One gamble you can do is when eligible for citizenship, you take your biggest chance. File your application. Pack everything up on the eve of the citizenship interview, if you pass your interview, your ordeal is over. If not, come home and buy a plane ticket and
fly out of USA for good.
 
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WBH said:
LIving in USA is not worth the effort if it means you have to fight a big legal battle for every entry, every renewal of your GC and sleep with many bad dreams.
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If you are in such worry and fear over trivial matters, then it does not matter where you are. You will die early, worrying yourself to death.
 
TheRealCanadian said:
If you are in such worry and fear over trivial matters, then it does not matter where you are. You will die early, worrying yourself to death.
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This may not be a trivial matter for many. If something is in gray area
and a person get away last time, he has legitmate reasons to worry
what will hapen next time at moments like airport entry, GC renewal,
etc.

But of course, no one should worry about thinsg like traffic tickets etc
 
This is not a small issue for me. One example, I have a 12 yrs ago who doesn't speak my language. If I have to bring her back to my country. How she can compete the students there? Plus, I came from where kids work very hard on school.

I will apply for citizenship once time is up. I don't want my arrest issue to irritate me for life.

If US-Visit fingerprinting system check for every arrest or legal issues happened, officers at the customs will be swamped, busy with interpreting the immigration law. I think US-Visit system mainly look for issues related to national security and felonies or similar crimes. The system has to be feasible.
 
Nicejoe said:
What if someone got arrested for a misdemeanor? It may or may not have immigration consequences. I am worried the customs officer may detain someone by mistake.
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Were you just arrested and nothing more? Or were you actually convicted?

If you were arrested and the charges were dropped and you didn't admit guilt and didn't receive any form of penalty (fine, probation, house arrest, etc.), you're not going to have anything more than the occasional annoyance being sent to secondary inspection at the POE. If you listed the arrest on all immigration-related forms that asked about arrests, they can't revoke your green card for an arrest that was nothing more than an arrest.
 
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Nicejoe said:
One example, I have a 12 yrs ago who doesn't speak my language. If I have to bring her back to my country. How she can compete the students there? Plus, I came from where kids work very hard on school.
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I am not tilling you to stay or not, this is for sure up to you and every one is free to plan for his own life. Just this point may be untrue. I came with my kids speaking different language and they adapted here within few months and now they never speak the original one. On the other hand, one of my friends told me that he visited his original country with his US born child who never speak the original language but could understand it, and after few weeks he speak that language more or less exactly if he was born over there.
The other point is some countries with schools teaching a lot of data and subjects in very haphazard fashion (I am not talking about your country) think their level of education is harder and the students over there are much more advanced than here. I do not think this is the case, I see the school system here in US, despite the fact that the material itself looks not much, is very concentrated and hit the target. It does not matter for me to learn all those sophisticated math theories while I was in 8th grade or just learn them in the college if I will be in that carrier and those theories will be used in my profusion. According to my limited experience with few examples of cases, I see those students who went back from US due to any reason, doing better than their mates who suppose to be more hard working and learned more. I think it is the quality not the quantity and I am not saying that the school system in US is the best in the world.
 
Guys, Do you agree with this: If US-Visit fingerprinting system check for every arrest or legal issues happened, officers at the customs will be swamped, busy with interpreting the immigration law. I think US-Visit system mainly look for issues related to national security and felonies or similar crimes. The system has to be feasible.

I went to through a conversion program, the case then was dismissed. Immigration could consider this as conviction.
 
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Nicejoe said:
If US-Visit fingerprinting system check for every arrest or legal issues happened, officers at the customs will be swamped, busy with interpreting the immigration law. I think US-Visit system mainly look for issues related to national security and felonies or similar crimes. The system has to be feasible.
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I don't see US-VISIT doing anything more than a) matching your biometrics with existing data, and b) checking against the same criminal records databases they have been checking before, just using name and DOB.

I am still puzzled why you think that things have dramatically changed with US-VISIT. They did criminal records checks before.

I went to through a conversion program, the case then was dismissed. Immigration could consider this as conviction.
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Perhaps, but if it's a problem now, it would have been an issue last year too.
 
TheRealCanadian said:
I don't see US-VISIT doing anything more than a) matching your biometrics with existing data, and b) checking against the same criminal records databases they have been checking before, just using name and DOB.

I am still puzzled why you think that things have dramatically changed with US-VISIT. They did criminal records checks before.

Perhaps, but if it's a problem now, it would have been an issue last year too.
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Maybe name and DOB will not cause a hit but a fingerprinting check will.
 
Nicejoe said:
I went to through a conversion program, the case then was dismissed. Immigration could consider this as conviction.
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What was the charge? Since you disclosed it on your I-485 form
and your gc was granted, at least it is not an inadmissible
offense. You can use G-639 FOIA form to order your immigration files
to see if there is decision made on your issues.

I heard It take one year to get your file after you file G-639.
But you have enough time before you need to apply for
citizenship or renew your GC. So do it right now.

I also wonder many people must have won their removal proceedings and managed to retain their PR status or re-adjust t0 PR,
are these people eligible to travel abroad and come back?
 
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WBH said:
There may be too many people with identical names and USCIS
don't want to spend time further checking date of birth, height, eye color etc. But fingerprinting pinpoint to the right person.
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Thank you for proving my point - there's actually less risk for Permanent Residents because biometrics will reduce the scope for a false positive based on a mere name match.

Of course, if you are convicted and thereby inadmissible, you should be frightened. And I have no problem with that either.
 
TheRealCanadian said:
Thank you for proving my point - there's actually less risk for Permanent Residents because biometrics will reduce the scope for a false positive based on a mere name match.

Of course, if you are convicted and thereby inadmissible, you should be frightened. And I have no problem with that either.
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The OP's concern is still justified. He had something in the past before getting the GC. GC was granted anyway and he did not hide anything.
Assuming USCIS granted GC properly, his offense should not be an inadmissble one. otherwise he would not have got his GC approved. but now He worry what will happen if he gets picked up at the border.

The border control may not know what is admissible and what is not
since it is complicated legal issues.

It should also be note that deportability and inadmissibility are not identical.
A domestic violence offense is deportable but not inadmissible unless
it involve moral turpitude.

Inadmissibility applies both when you physically enter USA or adjust your status to PR.

For most it is not an issue. For some it is.
 
I have a old and weak mother to visit in my home country. I miss her very much. But I am scared of potential problems at the customs. My job, kids edution and my freedom etc. I can't afford the problem.

Thanks for the suggetion, WBH, I will request G-639 to study before I apply for citizenship. What document should I request in G-639?
WBH knows this issue very well, thanks for the understanding.
 
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Nicejoe said:
Thanks for the suggetion, WBH, I will request G-639 to study before I apply for citizenship. What document should I request in G-639?
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You don't request a specific document in it. They give you the whole file, hundreds of pages of it. Then it's up to you to look through the whole pile of papers.
 
Nicejoe said:
Thanks for the suggetion, WBH, I will request G-639 to study before I apply for citizenship. What document should I request in G-639?
WBH knows this issue very well, thanks for the understanding.
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Instructions are here.

http://www.uscis.gov/files/form/g-639.pdf

You can send three FOIA requests by filling G-639 to all three locations.

There is also Privacy Act Form. But I think you are requesting infor on
your own so you don't need to fill it unless you file the request thru a third person
 
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Thank you all, I will file G639.

I still think officers at customs only check for people have major issues like security concerns or felonies.
 
I have been permanent resident since 91. Came back from Europe the other day & I got sent into the secondary room at immigration. After a 90 minute wait, my name was called and the immigration officer asked me if I have ever been arrested and I said 'yes'. He said I had been called in because my arrest showed up. It was an arrest from 1997 and all charges were dropped. I had even provided all the court documents to the INS to renew my green card in 2006. They took all my fingerprints again and my photo

I asked him how to avoid all this hassle next time, he said there's no way to avoid it, it will happen every single time.
 
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