comolaflor
Registered Users (C)
Hi
Do We Need To Get A Police Clearance Letter When Applying For Gc Based On Asylum Or Not
Do We Need To Get A Police Clearance Letter When Applying For Gc Based On Asylum Or Not
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Police Clearance
- Thread starter comolaflor
- Start date
petertherock77
Registered Users (C)
What do you mean by police clearance? All you need to do is fingerprinting which a notice will be sent to you once the I-485 application for permanent residence if filed with USCIS. When you do your fingerprint it will be electronically transmitted to the FBI, results are usually sent back to CIS within 24 hrs detailing if a criminal history exist or not.
There is no police clearance required. A person is only required to provide police clearance if their fingerprints was rejected twice by the FBI.
Good luck
There is no police clearance required. A person is only required to provide police clearance if their fingerprints was rejected twice by the FBI.
Good luck
Hi
Do We Need To Get A Police Clearance Letter When Applying For Gc Based On Asylum Or Not
In general no. There is a FBI background check.
comolaflor
Registered Users (C)
ok thanx
I-485 Interview and Criminal History
We live in NJ. My wife got caught shoplifting about $90 in goods (in Bradlees) it was in January 2000 and in sears at 2001 (for 120 dollars) .the cases were dismissed.On her I-485 Interview when immigration officer asked , if she had ever been arrested: she answered NO.This was very stupid... they have recieved the fingerprints results as positive, So they already knew about these records.Eventually she admitted, but it would not matter. Now they are asking to provide all disposition letters from the court.
And they gave us 30 days. I know it was stupid to try concealing, but it was my fault… I advised her to say no. Can you please tell what might happen to her ? Are they going to deny her aplication ?
We live in NJ. My wife got caught shoplifting about $90 in goods (in Bradlees) it was in January 2000 and in sears at 2001 (for 120 dollars) .the cases were dismissed.On her I-485 Interview when immigration officer asked , if she had ever been arrested: she answered NO.This was very stupid... they have recieved the fingerprints results as positive, So they already knew about these records.Eventually she admitted, but it would not matter. Now they are asking to provide all disposition letters from the court.
And they gave us 30 days. I know it was stupid to try concealing, but it was my fault… I advised her to say no. Can you please tell what might happen to her ? Are they going to deny her aplication ?
Whether your wife's application will be denied depends on a number of factors. Your wife's claim that she was never arrested could be viewed as a material misrepresentation intended to deceive the USCIS and thus triggering inadmissibility under INA § 212(a)(6)(C)(i) ("Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible"). Someone who is inadmissible cannot get a greencard.
However, inadmissibility pursuant to section 212(a)(6)(C)(i) requires that any misrepresentation be both material and willful. See INA § 212(a)(6)(C)(i); see also, Matter of Healy and Goodchild, 17 I&N Dec. 22, 28-29 (BIA 1979) (holding that “knowledge of the falsity of a representation” is necessary for proving fraudulent intent under the Act). In other words, if your wife knew she was attempting to deceive the USCIS, then she is subject to inadmissibility for fraud. However, if she thought that the question did not cover cases that had been dismissed, and the IO believes her, then the fraud provision should not apply (if the IO can comprehend such a legal subtlety).
Even if they don't believe her, or she knew what she was doing, and they want to deny, they have to offer her a chance to file an I-601 waiver under INA section 212(i), showing that her US citizen spouse (you) will suffer "extreme hardship" if she is removed from the United States. If that is denied, then they will put her into removal proceedings at the immigration court, where she will have an opportunity to refile the I-485, re-argue that she did not commit fraud and/or re-file the I-601.
This is all pretty complicated stuff. I strongly urge you to contact an attorney immediately. They should be able to help your wife create an affidavit explaining why she said she was never arrested and/or help her to determine whether she can file an I-601 waiver (which requires significant evidence).
However, inadmissibility pursuant to section 212(a)(6)(C)(i) requires that any misrepresentation be both material and willful. See INA § 212(a)(6)(C)(i); see also, Matter of Healy and Goodchild, 17 I&N Dec. 22, 28-29 (BIA 1979) (holding that “knowledge of the falsity of a representation” is necessary for proving fraudulent intent under the Act). In other words, if your wife knew she was attempting to deceive the USCIS, then she is subject to inadmissibility for fraud. However, if she thought that the question did not cover cases that had been dismissed, and the IO believes her, then the fraud provision should not apply (if the IO can comprehend such a legal subtlety).
Even if they don't believe her, or she knew what she was doing, and they want to deny, they have to offer her a chance to file an I-601 waiver under INA section 212(i), showing that her US citizen spouse (you) will suffer "extreme hardship" if she is removed from the United States. If that is denied, then they will put her into removal proceedings at the immigration court, where she will have an opportunity to refile the I-485, re-argue that she did not commit fraud and/or re-file the I-601.
This is all pretty complicated stuff. I strongly urge you to contact an attorney immediately. They should be able to help your wife create an affidavit explaining why she said she was never arrested and/or help her to determine whether she can file an I-601 waiver (which requires significant evidence).
Whether your wife's application will be denied depends on a number of factors. Your wife's claim that she was never arrested could be viewed as a material misrepresentation intended to deceive the USCIS and thus triggering inadmissibility under INA § 212(a)(6)(C)(i) ("Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible"). Someone who is inadmissible cannot get a greencard.
However, inadmissibility pursuant to section 212(a)(6)(C)(i) requires that any misrepresentation be both material and willful. See INA § 212(a)(6)(C)(i); see also, Matter of Healy and Goodchild, 17 I&N Dec. 22, 28-29 (BIA 1979) (holding that “knowledge of the falsity of a representation” is necessary for proving fraudulent intent under the Act). In other words, if your wife knew she was attempting to deceive the USCIS, then she is subject to inadmissibility for fraud. However, if she thought that the question did not cover cases that had been dismissed, and the IO believes her, then the fraud provision should not apply (if the IO can comprehend such a legal subtlety).
Even if they don't believe her, or she knew what she was doing, and they want to deny, they have to offer her a chance to file an I-601 waiver under INA section 212(i), showing that her US citizen spouse (you) will suffer "extreme hardship" if she is removed from the United States. If that is denied, then they will put her into removal proceedings at the immigration court, where she will have an opportunity to refile the I-485, re-argue that she did not commit fraud and/or re-file the I-601.
This is all pretty complicated stuff. I strongly urge you to contact an attorney immediately. They should be able to help your wife create an affidavit explaining why she said she was never arrested and/or help her to determine whether she can file an I-601 waiver (which requires significant evidence).
I agree that the intersection of criminal and immigration law is highly complex. It is too complex for a layperson to navigate. SO RETAIN AN ATTORNEY.
One correction: I am assuming that this adjustment case is based on asylum. If I am right, then a waiver can be requested using a Form I-602 under section 209(c) of the INA. Under that section, the standard for approval is more lenient.
Whether your wife's application will be denied depends on a number of factors. Your wife's claim that she was never arrested could be viewed as a material misrepresentation intended to deceive the USCIS and thus triggering inadmissibility under INA § 212(a)(6)(C)(i) ("Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible"). Someone who is inadmissible cannot get a greencard.
However, inadmissibility pursuant to section 212(a)(6)(C)(i) requires that any misrepresentation be both material and willful. See INA § 212(a)(6)(C)(i); see also, Matter of Healy and Goodchild, 17 I&N Dec. 22, 28-29 (BIA 1979) (holding that “knowledge of the falsity of a representation” is necessary for proving fraudulent intent under the Act). In other words, if your wife knew she was attempting to deceive the USCIS, then she is subject to inadmissibility for fraud. However, if she thought that the question did not cover cases that had been dismissed, and the IO believes her, then the fraud provision should not apply (if the IO can comprehend such a legal subtlety).
Even if they don't believe her, or she knew what she was doing, and they want to deny, they have to offer her a chance to file an I-601 waiver under INA section 212(i), showing that her US citizen spouse (you) will suffer "extreme hardship" if she is removed from the United States. If that is denied, then they will put her into removal proceedings at the immigration court, where she will have an opportunity to refile the I-485, re-argue that she did not commit fraud and/or re-file the I-601.
This is all pretty complicated stuff. I strongly urge you to contact an attorney immediately. They should be able to help your wife create an affidavit explaining why she said she was never arrested and/or help her to determine whether she can file an I-601 waiver (which requires significant evidence).
Are you the person who maintains the asylum blog?
I agree that the intersection of criminal and immigration law is highly complex. It is too complex for a layperson to navigate. SO RETAIN AN ATTORNEY.
One correction: I am assuming that this adjustment case is based on asylum. If I am right, then a waiver can be requested using a Form I-602 under section 209(c) of the INA. Under that section, the standard for approval is more lenient.
Yes, that does make sense considering this is the asylum forum. For some reason I was under the impression that poster's wife was applying for a GC based on an I-130.
Are you the person who maintains the asylum blog?
Yes, I just started and have yet to figure out where exactly I'm going with it. I don't know if I want it to be skewed towards neutrality or advocacy. Also I want more analysis, but that takes time that I'm not sure I have or am willing to spend. If you have any suggestions or comments feel free to shoot away. I'm open for guest opinions as well.
Yes, that does make sense considering this is the asylum forum. For some reason I was under the impression that poster's wife was applying for a GC based on an I-130.
Yes, I just started and have yet to figure out where exactly I'm going with it. I don't know if I want it to be skewed towards neutrality or advocacy. Also I want more analysis, but that takes time that I'm not sure I have or am willing to spend. If you have any suggestions or comments feel free to shoot away. I'm open for guest opinions as well.
I would be glad to use my legal background and training to help you run the site. We should talk at some point. In an ideal world the site should help both lay applicants and their attorneys to negotiate the difficult asylum process.
I would be glad to use my legal background and training to help you run the site. We should talk at some point. In an ideal world the site should help both lay applicants and their attorneys to negotiate the difficult asylum process.
I PM'd you in re: above.
Thank you Senowen and thankful,
I just became a US citizen, my case was based on asylum. My wife just applied for her I485.(not sure if her case is still based on asylum), I have been married for 7 years and have two kids 4 and 6 years. Do I need to request a Form I-602 now ( section 209(c)) or need to wait before we get a response from INS about her case?
I just became a US citizen, my case was based on asylum. My wife just applied for her I485.(not sure if her case is still based on asylum), I have been married for 7 years and have two kids 4 and 6 years. Do I need to request a Form I-602 now ( section 209(c)) or need to wait before we get a response from INS about her case?
I don't mean to be rude, but this is not a simple matter. You really need to contact an attorney with experience in this area of law. I do not recommend you try to do this yourself.
That being said, if you filed an I-130 for your wife and she needs a waiver then the form to fill out is I-601 located at http://www.uscis.gov/portal/site/us...toid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD
However, if your wife was included on your asylum application and granted with you or if you filed an I-730 for her, then the form is I-602 located at http://www.uscis.gov/portal/site/us...toid=58ea3591ec04d010VgnVCM10000048f3d6a1RCRD
That being said, if you filed an I-130 for your wife and she needs a waiver then the form to fill out is I-601 located at http://www.uscis.gov/portal/site/us...toid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD
However, if your wife was included on your asylum application and granted with you or if you filed an I-730 for her, then the form is I-602 located at http://www.uscis.gov/portal/site/us...toid=58ea3591ec04d010VgnVCM10000048f3d6a1RCRD
Thank you Senowen and thankful,
I just became a US citizen, my case was based on asylum. My wife just applied for her I485.(not sure if her case is still based on asylum), I have been married for 7 years and have two kids 4 and 6 years. Do I need to request a Form I-602 now ( section 209(c)) or need to wait before we get a response from INS about her case?
How did she apply for I-485? Through an approved I-130? Was she granted derivative asylum first and did she apply for her green card one year later ? If the former, you guys need an I-601. If the latter an I-602.
That said, you guys are playing with fire by going alone without a lawyer. Do you do brain surgery on yourself? You are at a point where legal representation is imperative.