Misdemeanor record, finger prints and CP interview. Please help.

N

Nikita_1234

New Member
It\'s rather difficult for me to write this email.
But I really need some help and advise.

Last year due to a quarrel with my wife getting out of control the local cops filed a case of domestic violence against me. They kept me in a holding cell overnight and I had to appear before a judge. The judge gave me a misdemeanor charge called "assault and battery" and I had been ordered to take anger management classes, which I have satisfactorily taken for a whole year.

Since I completed the requirements set by the judge, my case was later dismissed.

My case lawyer advised me that since the case was dismissed I don\'t need to declare a "yes" in any place that requires me to state whether I was ever arrested. So on the DS230 I have put a "no".

On the night that they took me to the police station; the cops took my photos and also my finger prints. I am about to go for CP interview soon and am very worried about the finger print checking that will take place at the POE. My questions are these.

1. Will my old record show up at the POE?

2. Is there any way for me to legally get my fingerprint record back from them since the misdemeanor charges were withdrawn?

3. Is there any way to verify the information in the finger print result before hand?

Some of you will not want to help me out after reading what I did and I would not blame you. But I have gone through a very rough period and am making an honest effort to turn my life around. I cannot discuss this matter with my immigration lawyer. Please advise.
 
I think you should definitely discuss this with ur immigration lawyer ....

he/she should be in the loop .... I think u can urself go for an FBI fingerprint check ...i read somewhere that it can be done .... but the most important thing is that u keep all documentation regarding the case with u ...especially where the charges were "dismissed", the correction classes that u took etc....

The other way is go for AOS if u are not under TSC ... u should have ur GC in around 8 months and with CP it would be 6 months .... so for 2 months you may skip all this anxiety ...Ofcourse, I am assuming u will be safer when still in US as ur lawyers can support u ...

This is just my 2 cents .... I don\'t know how much it helped u ...

All the best hope you make it and with the GC become a better person too !!! :)
 
options

What you did was stupid. But you have obviously redeemed yourself.
However, what you are going to do now is worse. Not declaring is the same as lying. If you are caught, you will be denied a green card and with your H1B cancelled you can not even come back to the states.

I strongly recommend you to discuss this with your lawyer. If you find this difficult, cancel your CP and go for AOS. But in either case, do not hide any information. If you are denied AOS, at least you can have a legal recourse. This is NOT the case if you go for CP. People who have a spotless character, police record, and medically fit (no aids etc) go for CP. CP is popular only because of INS taking too much time for AOS. The last category of people who go for CP are those who have been out of status for certain period. They are not allowed to do AOS.
 
Cannot talk to lawyer..

My immigration lawyer is a company lawyer and it is not possible for me to talk to him about it. Can Leila Lehman or some immigration expert here help me out perhaps?

I think carrying the records about the case dismissal with me is a good idea.I am also going to talk to my previous case lawyer because he had told me that I could get my prints back from them.

I appreciate your responses very much.
 
I think talking to another good immigration lawyer as the likes of Rajiv Khanna or Shiela Murthy etc

 
 
No Title

There is no checking of fingerprints at the POE or thereafter -- only your right index fingerprint is taken and this is later printed onto your plastic GC.

The concern comes before this. The consulate (or NVC, if they are processing your case), will do a name check for your records from the NCIC and other (e.g. Interpol) criminal record databases. If there is a "hit" based on this check, then they will typically request that you provide fingerprints so that they may initiate a more thorough check of your background -- you may not even be aware of this until you appear for your interview. You can expect this is likely to happen even through your charges were dropped. With CP this means a trip to the consulate for the fingerprinting, and you will then have to wait. Check with your attorney if this is a risk you want to take.

You\'ll get fingerprinted with AOS for sure and I expect their record query includes a name search of criminal records too (just as for CP). The advantages of AOS in your situation is the appeal process is available to you and you avoid the risk of being left out of the country while you wait for the likely fingerprint check by the consulate.
 
GC Dreamer your note was very useful. Some questions..

My case has already reached consulate. Can I call the NVC and ask if they found any issues with it? All they told me was that the case was completed and sent to consulate. Is there any other way to find out before I leave the US?

I think I made a mistake by following my criminal lawyer\'s advice and writing "no" in the DS230. I\'m going to call Rajiv Khanna. I hope he does a phone consultation.

Is it too late to file a corrected DS230?
 
yaah he does phone consultations and sometimes answers queries on this board too ...

look for someone with userid as "operations" !!!
 
No Title

My 2 cents,

You could take a shot at CP...
Yours is not a ( Serious) crime, and the case being dismissed as a minor misdemaneour. I believe in legal vocabulary there is a difference between a crime and misdemanour. Please carry your records of redemption to prove at every step that you are now a reformed person as declared by the judge . Nothing to worry about. If you have the confidence that you can talk and convince the officals just in case any questions arise you can go thro the CP process ( I see a remote chance of any questions arising ).
Good luck.
 
I know of exactly similar case

1.They do some special check at consulate thru which ur record will come up...any arr4est is questioned these days whether dismissed or not...i would strongly advise against saying no.Tell the truth.

2. They may say that they need a fingerprint report from FBI , and in that case u will be stuck for two months or so in the interviewee country. To avoid this ,k take forngerprint report from FBI in advance and tak it along to interview.

3. Take all your court and disposition records.

4. They will question you a lot just to demoralize u to prevent any future reoccurance.....but ultimately they will issue u IV if you have done above steps correctly.

Hope this helps.

Best.
 
No Title

Given that your case is already at the consulate, you should call them to check on the status of your case, not the NVC. They may offer the information that you need to provide fingerprints -- but you shouldn\'t ask them this if they don\'t tell it to you.

You need to talk with a very knowledgeable immigration attorney about your situation. The approach described about sounds OK... the most important part is to be truthful about whatever they ask. The oversight on the original form on your record could be explained away as "bad advice" from your attorney.
 
GC Dreamer is correct.

NVC had already run your name check.
It should be very cool. Don\'t worry. Take proof of disposition as a just in case.
Good luck!
 
I just realized that I haven\'t said "no" yet

I looked through the forms I\'ve filled out and that is only the DS230 part 1 so far. It has nothing about arrest records.

Since I\'m not the primary applicant I did not have to fill out the labor certification forms etc.

So I still have a chance to say the correct thing when I sign the DS230 part 2 in front of the officer. Here\'s what i was thinking:

I will take with me all the records pertaining to the case.
A letter from my class counselor saying I\'ve completed the course as reqired by the judge. I will take the dismissal records, returned fingerprints and returned arrest record. As suggested by GCDreamer and JJ555 I will also take a FBI fingerprinting report with me.
I will hold on to everything and show it if they ask me any questions about the issue.

Please let me know if you think there\'s a better way to do this at this point. Should I write it in the DS230 part 2 before the officer asks me? The only thing that concerns me is that it will permanantly stay on my record then.
 
Would be better to write it.

Assuming you don\'t write it and they counter you with that information during the interview, then they COULD consider it as lying and FELONY. Felony is considered as a serious offence in US.
So, you may be better off with that info in your record than being de-barred.NOT STATING MAY prove disastorous for you

SO, be careful. PLEASE CONSULT A GOOD LAWYER like Sheela Muthy or Jose (usvisanews.com) or Shusterman or Rajiv Khanna.

I have known friends of mine (NON-GC cases. This guy went for H1B stamping)who didn\'t state their previous visits to American Consulates and he was denied an H1B visa and was banned for 5 years or so.

I am not trying to scare you but just giving scenarios. PLEASE consult a good lawyer before taking a decision

My 2 cents
 
Criminal records and such

I have read some postings on the internet about criminal records and GC applications (mine was for a hunting ticket) here\'s my understanding:
You are excludeable if you were convicted of a felony, gambling or vice related offense, any drug trafficking or substance abuse charge, have multiple criminal convictions or have committed a crime of moral turpitude.

Crimes of moral turpitude are, among others,
- property crimes,
- fraud,
- and, yes, domestic violence.

You should really consider getting a lawyer that you can talk to openly and discuss all your options.

Mark
 
what is the definition of "commit"

bootsncamo, when you say" or committed a crime of moral turpitude". Does that means even there is no conviction, you are in the excludable situation? Please clarify this. If "committing or not is the criteria then the court ruling should be no meaning. Thanks!
 
Talked to immigration lawyer last week

Finally gathered the courage to discuss this situation with my immigration lawyer. I showed him the one page letter saying that "the misdemeanor case was dismissed by the court since all the requirements were met".

He went through some papers and re-read the DS230 part II that I\'m supposed to sign in front of the officer and said I don\'t need to mention it. He\'s asked me to carry the papers with me just in case the issue comes up.

I\'m inclined to follow his suggestion. Let me know if you strongly feel otherwise.
 
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