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Was Arrested !!! Need your advice !!!
- Thread starter Desibrother
- Start date
For Jim Mills / GC_Kool
Guys, Could you please elaborate on the 1996 immigration rule...how does it work with INA Sec 212, can you provide any references?
INA Sec 212 does provide some respite in terms of the nature of offense and what if any was the penalty levied. Could you shed some light please ??
Guys, Could you please elaborate on the 1996 immigration rule...how does it work with INA Sec 212, can you provide any references?
INA Sec 212 does provide some respite in terms of the nature of offense and what if any was the penalty levied. Could you shed some light please ??
Here is from the INS website:
http://www.ins.gov/graphics/services/natz/faq.htm
7. If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an INS officer?
Yes. You should always be honest with INS regarding all:
Arrests (including those by police, Immigration Officers, and other Federal Agents);
convictions (even if they have been expunged); and
crimes you have committed for which you were not arrested or
convicted.
Even if you have committed a minor crime, INS may deny your application if you do not tell the INS officer about the incident. It is extremely important that you tell INS about any arrest even if someone else has advised you that you are not required to do so.
http://www.ins.gov/graphics/services/natz/faq.htm
7. If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an INS officer?
Yes. You should always be honest with INS regarding all:
Arrests (including those by police, Immigration Officers, and other Federal Agents);
convictions (even if they have been expunged); and
crimes you have committed for which you were not arrested or
convicted.
Even if you have committed a minor crime, INS may deny your application if you do not tell the INS officer about the incident. It is extremely important that you tell INS about any arrest even if someone else has advised you that you are not required to do so.
Please Help Me
Dear Friend,
Please help me in giving some suggestions for me. I humbly request you to help me.
Friend, last week, I went to a bookshop and took two books and came out. I forgot to pay the amount for the books. Outside of the bookstore, Suddenly two people caught hold of me and asked me that, Are there any books in the bag. Then I said them that I forgot to pay the amount for them and I\'m ready to pay for it. They said that it is a shoplifting case and immediately took me to a room and made me to sit. I requested them that I did not do any mistake and Please leave me. They just ignored and called police. The police came and took my id and arrested me and me to sit and kept asking questions about my contact details and SSN Number. He then checked that I did not have any criminal history via mobile and said me that the cost of the books, which I had in my bag is around 160 dollars and he could not take me to jail (It is 200 dollars or more they would have taken me to jail). So he has written some papers and also took some paper by the Book Store person (Book store person has written that I took some books from the shelf and went through them and finally before leaving the store, I kept them in my bag). I completely forgot to pay for them and when I tried to inform the, they did not listen to me. Police asked me to come to court and pay fine.
I don\'t know exactly what to do and I\'m in a state of confusion. I\'m not a person to steal books; just I forgot to pay for them.
Please let me know, how I can defend the case and what all information I can provide the court to see that I\'m not the culprit.
I request you to please help me in this regard with your valuable suggestions. I don\'t have money to pay for attorneys.
Please help me.
Thanks,
I will be eagerly waiting for a reply from you.
My email id is satnetintcom@hotmail.com
This incidence happened in the state of Virginia.
I know that you are not from this state, but I humbly request you to help me.
Thanks,
Sat Net
Dear Friend,
Please help me in giving some suggestions for me. I humbly request you to help me.
Friend, last week, I went to a bookshop and took two books and came out. I forgot to pay the amount for the books. Outside of the bookstore, Suddenly two people caught hold of me and asked me that, Are there any books in the bag. Then I said them that I forgot to pay the amount for them and I\'m ready to pay for it. They said that it is a shoplifting case and immediately took me to a room and made me to sit. I requested them that I did not do any mistake and Please leave me. They just ignored and called police. The police came and took my id and arrested me and me to sit and kept asking questions about my contact details and SSN Number. He then checked that I did not have any criminal history via mobile and said me that the cost of the books, which I had in my bag is around 160 dollars and he could not take me to jail (It is 200 dollars or more they would have taken me to jail). So he has written some papers and also took some paper by the Book Store person (Book store person has written that I took some books from the shelf and went through them and finally before leaving the store, I kept them in my bag). I completely forgot to pay for them and when I tried to inform the, they did not listen to me. Police asked me to come to court and pay fine.
I don\'t know exactly what to do and I\'m in a state of confusion. I\'m not a person to steal books; just I forgot to pay for them.
Please let me know, how I can defend the case and what all information I can provide the court to see that I\'m not the culprit.
I request you to please help me in this regard with your valuable suggestions. I don\'t have money to pay for attorneys.
Please help me.
Thanks,
I will be eagerly waiting for a reply from you.
My email id is satnetintcom@hotmail.com
This incidence happened in the state of Virginia.
I know that you are not from this state, but I humbly request you to help me.
Thanks,
Sat Net
Please Help Me
Dear Friend,
Please help me in giving some suggestions for me. I humbly request you to help me.
Friend, last week, I went to a bookshop and took two books and came out. I forgot to pay the amount for the books. Outside of the bookstore, Suddenly two people caught hold of me and asked me that, Are there any books in the bag. Then I said them that I forgot to pay the amount for them and I\'m ready to pay for it. They said that it is a shoplifting case and immediately took me to a room and made me to sit. I requested them that I did not do any mistake and Please leave me. They just ignored and called police. The police came and took my id and arrested me and me to sit and kept asking questions about my contact details and SSN Number. He then checked that I did not have any criminal history via mobile and said me that the cost of the books, which I had in my bag is around 160 dollars and he could not take me to jail (It is 200 dollars or more they would have taken me to jail). So he has written some papers and also took some paper by the Book Store person (Book store person has written that I took some books from the shelf and went through them and finally before leaving the store, I kept them in my bag). I completely forgot to pay for them and when I tried to inform the, they did not listen to me. Police asked me to come to court and pay fine.
I don\'t know exactly what to do and I\'m in a state of confusion. I\'m not a person to steal books; just I forgot to pay for them.
Please let me know, how I can defend the case and what all information I can provide the court to see that I\'m not the culprit.
I request you to please help me in this regard with your valuable suggestions. I don\'t have money to pay for attorneys.
Please help me.
Thanks,
I will be eagerly waiting for a reply from you.
My email id is satnetintcom@hotmail.com
This incidence happened in the state of Virginia.
I humbly request you to help me.
Thanks,
Sat Net
Dear Friend,
Please help me in giving some suggestions for me. I humbly request you to help me.
Friend, last week, I went to a bookshop and took two books and came out. I forgot to pay the amount for the books. Outside of the bookstore, Suddenly two people caught hold of me and asked me that, Are there any books in the bag. Then I said them that I forgot to pay the amount for them and I\'m ready to pay for it. They said that it is a shoplifting case and immediately took me to a room and made me to sit. I requested them that I did not do any mistake and Please leave me. They just ignored and called police. The police came and took my id and arrested me and me to sit and kept asking questions about my contact details and SSN Number. He then checked that I did not have any criminal history via mobile and said me that the cost of the books, which I had in my bag is around 160 dollars and he could not take me to jail (It is 200 dollars or more they would have taken me to jail). So he has written some papers and also took some paper by the Book Store person (Book store person has written that I took some books from the shelf and went through them and finally before leaving the store, I kept them in my bag). I completely forgot to pay for them and when I tried to inform the, they did not listen to me. Police asked me to come to court and pay fine.
I don\'t know exactly what to do and I\'m in a state of confusion. I\'m not a person to steal books; just I forgot to pay for them.
Please let me know, how I can defend the case and what all information I can provide the court to see that I\'m not the culprit.
I request you to please help me in this regard with your valuable suggestions. I don\'t have money to pay for attorneys.
Please help me.
Thanks,
I will be eagerly waiting for a reply from you.
My email id is satnetintcom@hotmail.com
This incidence happened in the state of Virginia.
I humbly request you to help me.
Thanks,
Sat Net
Please Help Me
Dear Friend,
Please help me in giving some suggestions for me. I humbly request you to help me.
Friend, last week, I went to a bookshop and took two books and came out. I forgot to pay the amount for the books. Outside of the bookstore, Suddenly two people caught hold of me and asked me that, Are there any books in the bag. Then I said them that I forgot to pay the amount for them and I\'m ready to pay for it. They said that it is a shoplifting case and immediately took me to a room and made me to sit. I requested them that I did not do any mistake and Please leave me. They just ignored and called police. The police came and took my id and arrested me and me to sit and kept asking questions about my contact details and SSN Number. He then checked that I did not have any criminal history via mobile and said me that the cost of the books, which I had in my bag is around 160 dollars and he could not take me to jail (It is 200 dollars or more they would have taken me to jail). So he has written some papers and also took some paper by the Book Store person (Book store person has written that I took some books from the shelf and went through them and finally before leaving the store, I kept them in my bag). I completely forgot to pay for them and when I tried to inform the, they did not listen to me. Police asked me to come to court and pay fine.
I don\'t know exactly what to do and I\'m in a state of confusion. I\'m not a person to steal books; just I forgot to pay for them.
Please let me know, how I can defend the case and what all information I can provide the court to see that I\'m not the culprit.
I request you to please help me in this regard with your valuable suggestions. I don\'t have money to pay for attorneys.
Please help me.
Thanks,
I will be eagerly waiting for a reply from you.
My email id is satnetintcom@hotmail.com
This incidence happened in the state of Virginia.
I humbly request you to help me.
Friend, Please let know the Humanatiran Organizations, which can help me, like churches and other valuable information. I could not get any worthy Information. Please let me know.
Thanks,
Sat Net
Dear Friend,
Please help me in giving some suggestions for me. I humbly request you to help me.
Friend, last week, I went to a bookshop and took two books and came out. I forgot to pay the amount for the books. Outside of the bookstore, Suddenly two people caught hold of me and asked me that, Are there any books in the bag. Then I said them that I forgot to pay the amount for them and I\'m ready to pay for it. They said that it is a shoplifting case and immediately took me to a room and made me to sit. I requested them that I did not do any mistake and Please leave me. They just ignored and called police. The police came and took my id and arrested me and me to sit and kept asking questions about my contact details and SSN Number. He then checked that I did not have any criminal history via mobile and said me that the cost of the books, which I had in my bag is around 160 dollars and he could not take me to jail (It is 200 dollars or more they would have taken me to jail). So he has written some papers and also took some paper by the Book Store person (Book store person has written that I took some books from the shelf and went through them and finally before leaving the store, I kept them in my bag). I completely forgot to pay for them and when I tried to inform the, they did not listen to me. Police asked me to come to court and pay fine.
I don\'t know exactly what to do and I\'m in a state of confusion. I\'m not a person to steal books; just I forgot to pay for them.
Please let me know, how I can defend the case and what all information I can provide the court to see that I\'m not the culprit.
I request you to please help me in this regard with your valuable suggestions. I don\'t have money to pay for attorneys.
Please help me.
Thanks,
I will be eagerly waiting for a reply from you.
My email id is satnetintcom@hotmail.com
This incidence happened in the state of Virginia.
I humbly request you to help me.
Friend, Please let know the Humanatiran Organizations, which can help me, like churches and other valuable information. I could not get any worthy Information. Please let me know.
Thanks,
Sat Net
This is what you can do...
I wanted to write to you personally but then I thought this may benefit others visiting this board who maybe in a similar situation.
Unfortunately in a case like this, you have to have a competent attorney represent you, you should go see one. I do not know of one in the VA area but Rajiv Khanna, Murthy etc. - just a thought. Anyway, this is what would entail:
There would probably be a hearing set for you at the township court. At this hearing, your lawyer may either contend that you are Not Guilty (depending uon the evidence s/he has to fight for you) or Plead Guilty in lieu of a lesser charge (like creating a nuisance, disorderly person etc.). Obviously, it is better to get a Not Guilty verdict but that would depend upon your case and evidence against you. If not, get your lawyer to get a lower charge for you because you do not want the shoplifting charge on your record.
Whatever verdict is given to you, you will have to file for an expungement of arrest record after that. Once again, the verdict will decide after how long can you actually file for the expungement. In a case like this, you may not be able to file for expungement for 2 years from the date of the court ruling. Add to it another 4-6 months for the expungement process. This mind you would not expunge the record from FBI etc. but from all local and state agencies. This helps you in the future especially when applying for new jobs etc. But of course this comes later once your case has been decided upon in the township court.
How does this impact your status:
I don\'t know your status, but am outlining a general guideline:
While filing for I485, you would be required to declare that you have been arrested in the past (even if your record has been expunged). You will have to attach some kind of court documentation also to show what was the outcome.
This hyperlink will shed more light on how this case impacts your AOS:
http://www.ins.gov/lpBin/lpext.dll/...emplates&fn=document-frame.htm#slb-act212
If you are in the Labor, 140, 485 stage, you have to make sure that you hold on to your job well because for any new job application - you will have to disclose that you have an arrest record, if asked in those specific words. Some applications do not ask that specifically.
If you travel outside the US, you maybe stopped at the Port of Entry upon your return. You should have appropriate papers with you at that time.
I do not know of any Humanitarian organizations etc. who may be able to help you out in this case.
Hope this helps. Do update what goes on with your case so others can help and benefit.
Good luck, don\'t worry - you will come out just fine.
I wanted to write to you personally but then I thought this may benefit others visiting this board who maybe in a similar situation.
Unfortunately in a case like this, you have to have a competent attorney represent you, you should go see one. I do not know of one in the VA area but Rajiv Khanna, Murthy etc. - just a thought. Anyway, this is what would entail:
There would probably be a hearing set for you at the township court. At this hearing, your lawyer may either contend that you are Not Guilty (depending uon the evidence s/he has to fight for you) or Plead Guilty in lieu of a lesser charge (like creating a nuisance, disorderly person etc.). Obviously, it is better to get a Not Guilty verdict but that would depend upon your case and evidence against you. If not, get your lawyer to get a lower charge for you because you do not want the shoplifting charge on your record.
Whatever verdict is given to you, you will have to file for an expungement of arrest record after that. Once again, the verdict will decide after how long can you actually file for the expungement. In a case like this, you may not be able to file for expungement for 2 years from the date of the court ruling. Add to it another 4-6 months for the expungement process. This mind you would not expunge the record from FBI etc. but from all local and state agencies. This helps you in the future especially when applying for new jobs etc. But of course this comes later once your case has been decided upon in the township court.
How does this impact your status:
I don\'t know your status, but am outlining a general guideline:
While filing for I485, you would be required to declare that you have been arrested in the past (even if your record has been expunged). You will have to attach some kind of court documentation also to show what was the outcome.
This hyperlink will shed more light on how this case impacts your AOS:
http://www.ins.gov/lpBin/lpext.dll/...emplates&fn=document-frame.htm#slb-act212
If you are in the Labor, 140, 485 stage, you have to make sure that you hold on to your job well because for any new job application - you will have to disclose that you have an arrest record, if asked in those specific words. Some applications do not ask that specifically.
If you travel outside the US, you maybe stopped at the Port of Entry upon your return. You should have appropriate papers with you at that time.
I do not know of any Humanitarian organizations etc. who may be able to help you out in this case.
Hope this helps. Do update what goes on with your case so others can help and benefit.
Good luck, don\'t worry - you will come out just fine.
Normally, it is safest to assume INS knows all and be honest.
Since the rules are changing rapidly in the Post 9/11 society, it would be best to be honest and own up to everything. One day, the INS will have access to all the records, anyway.
in addition, the fact that you refused to file taxes becomes part of your future naturalization application. go ahead and file for your taxes.
remember, for most immigration matters, providing false statements and false information could be much more serious than the problem that you are trying to cover up.
Since the rules are changing rapidly in the Post 9/11 society, it would be best to be honest and own up to everything. One day, the INS will have access to all the records, anyway.
in addition, the fact that you refused to file taxes becomes part of your future naturalization application. go ahead and file for your taxes.
remember, for most immigration matters, providing false statements and false information could be much more serious than the problem that you are trying to cover up.
They will know!
Number one: an honest person does not shoplift anything. Most of your prospective employers will have exactly this attitude.
Number two: someone who was charged with theft and has paid the fine is a convicted thief.
NUMBER THREE: your application/interview will cover the terrain of concerning your criminal convictions. Your company will expect you to honestly provide them with accurate information on this issue. Every company that I have ever worked for has reserved the right to fire me at a later date for providing false information of failing to provide this kind of information at hiring.
NUMBER FOUR: Your future employers will have your criminal record available to them.
NUMBER FIVE: The conviction record, including misdemeanor shoplifting, will be available to every federal officer, including the INS.
Number six: Whether God forgives your sin or not, HIs forgiveness does not affect any INS decision.
This is not simply an immigration issue. This is an "honors" issue. This is an employment issue that citizens and residents have trouble with.
Since US criminal histories are not released to outside countries, you might consider employment abroad.
Number one: an honest person does not shoplift anything. Most of your prospective employers will have exactly this attitude.
Number two: someone who was charged with theft and has paid the fine is a convicted thief.
NUMBER THREE: your application/interview will cover the terrain of concerning your criminal convictions. Your company will expect you to honestly provide them with accurate information on this issue. Every company that I have ever worked for has reserved the right to fire me at a later date for providing false information of failing to provide this kind of information at hiring.
NUMBER FOUR: Your future employers will have your criminal record available to them.
NUMBER FIVE: The conviction record, including misdemeanor shoplifting, will be available to every federal officer, including the INS.
Number six: Whether God forgives your sin or not, HIs forgiveness does not affect any INS decision.
This is not simply an immigration issue. This is an "honors" issue. This is an employment issue that citizens and residents have trouble with.
Since US criminal histories are not released to outside countries, you might consider employment abroad.
There will be very little to be done.
Considering your husband has been deported before and is presently serving time for illegal re-entry, there will be very little for you to do to prevent deportation. You may contact the local INS office for a list of immigration agencies that provide free services or sliding fee scales.
If he is previously convicted for an aggravated felony (drug or weapons conviction, et.al.), he will probably be detained in INS custody until the deportation is completed.
Have you filed a I-130 for him?
If so, when the visa becomes available, he may file I-212 with the US Embassy in the country he is residing with for permission to re-enter prior to staying outside the US for 10 years. However, he must leave the US at the time of his next deportation and stay outside the US until approval in order to be able to immigrate as a permanent resident on his next re-entry.
Questions that will have impact on this processing will include his previous convictions (aggravated felony? simple felony? how many convictions? immigration status of spouse and children in US? How many times deported? etc.)
Unfortunately this will continue to be tough on you and your children. However, your husband made his choices and is not in control of the results and consequences of his choices.
Considering your husband has been deported before and is presently serving time for illegal re-entry, there will be very little for you to do to prevent deportation. You may contact the local INS office for a list of immigration agencies that provide free services or sliding fee scales.
If he is previously convicted for an aggravated felony (drug or weapons conviction, et.al.), he will probably be detained in INS custody until the deportation is completed.
Have you filed a I-130 for him?
If so, when the visa becomes available, he may file I-212 with the US Embassy in the country he is residing with for permission to re-enter prior to staying outside the US for 10 years. However, he must leave the US at the time of his next deportation and stay outside the US until approval in order to be able to immigrate as a permanent resident on his next re-entry.
Questions that will have impact on this processing will include his previous convictions (aggravated felony? simple felony? how many convictions? immigration status of spouse and children in US? How many times deported? etc.)
Unfortunately this will continue to be tough on you and your children. However, your husband made his choices and is not in control of the results and consequences of his choices.
JohnR, please clarify...
if Number Two, Number Three, Number Four and finally "Since US criminal..." are your own personal opinions or accurate legal information/advice because as far as I know and understand from my attorney, the info provided in Two, Three and Four is not correct.
Two: You may pay fine to a lower charge than what you have been charged with.
Three and Four: Once you have had your records expunged, they are not available to employers, yes, they are still available to some federal agencies.
Please clarify your stance. Thanks.
if Number Two, Number Three, Number Four and finally "Since US criminal..." are your own personal opinions or accurate legal information/advice because as far as I know and understand from my attorney, the info provided in Two, Three and Four is not correct.
Two: You may pay fine to a lower charge than what you have been charged with.
Three and Four: Once you have had your records expunged, they are not available to employers, yes, they are still available to some federal agencies.
Please clarify your stance. Thanks.
if you paid a fine you were convicted.
Yes you will need to mention the conviction.
INS will probably know about it.
INS might not find out about it till later and if you did not own up, then INS gets to deal with a "false statement" charge, much more serious than simple shoplifting. they can take away a green card for that issue as well as deny an N-400.
Yes you will need to mention the conviction.
INS will probably know about it.
INS might not find out about it till later and if you did not own up, then INS gets to deal with a "false statement" charge, much more serious than simple shoplifting. they can take away a green card for that issue as well as deny an N-400.
Need help and advice.......
Hi, My wife has her I-140 (Schedule A - Registered Nurse) approved from Vermont Service Center. Being Canadian citizens we chose to do Consular Processing in Montreal Canada. After much delay the case has reached National Visa Center and a few days ago a case has been created. A couple of weeks ago my wife and me had a big argument and my wife called the police. I was arrested on assault charges and was release the following day after a court appearance. Few days ago I had to reappear in court and my case was dismissed and set to be adjourned in six months. I was issued a limited Order of Protection for six months and let go to live with my wife again. Our relationship (me and my wife\'s) has improve since the incident and my wife is willing to do what ever it takes to get me a Green Card and Citizen ship. Being a dependent of my wife in this Immigration application am I obligated to confess this incident to the INS? Should I (my wife) delay the immigration for 6 months till my case is adjourned? Assuming I get a Green Card will this incident prevent me from getting Citizen ship? What are my (wife\'s) rights and responsibilities in this matter? Please be kind enough to let me know. Tks.
Hi, My wife has her I-140 (Schedule A - Registered Nurse) approved from Vermont Service Center. Being Canadian citizens we chose to do Consular Processing in Montreal Canada. After much delay the case has reached National Visa Center and a few days ago a case has been created. A couple of weeks ago my wife and me had a big argument and my wife called the police. I was arrested on assault charges and was release the following day after a court appearance. Few days ago I had to reappear in court and my case was dismissed and set to be adjourned in six months. I was issued a limited Order of Protection for six months and let go to live with my wife again. Our relationship (me and my wife\'s) has improve since the incident and my wife is willing to do what ever it takes to get me a Green Card and Citizen ship. Being a dependent of my wife in this Immigration application am I obligated to confess this incident to the INS? Should I (my wife) delay the immigration for 6 months till my case is adjourned? Assuming I get a Green Card will this incident prevent me from getting Citizen ship? What are my (wife\'s) rights and responsibilities in this matter? Please be kind enough to let me know. Tks.
want_to_know
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have you done fingerprint by cop ? if not, no problem
have you done fingerprint by cop ? if not, no problem