Was Arrested !!! Need your advice !!!

Desibrother

Registered Users (C)
Hi All,
  I have completed my MS here in US and have been working for two years.
I\'m in the process of filing for my I-140.
 PROBLEM (Your Advice needed):
    When I was pursuing studies, I was arrested for misbehaviour at an Airport counter. The case went to the court and was even dismissed in a week. It was really a silly incident but somehow I was a scapegoat in this strict US world. Anyways .. but this did leave a mark behind ?
  Now my question is :-
1) Does INS have any way of knowing such incidents of people ?
2) Should I go ahead and frankly disclose everything before INS ?
3) How should I proceed in my case for GC ?
     My lawyer suggested that such things are not uncommon and some people do have major complications and I should not be too worried about my situation. Further he said to attach a certified copy of case dismissal to my list of documents and be honest about the incident rather than be questioned later (incase INS finds this minor incident in my record).
Now I want to open this to broad/experienced forum like us, and try to find a mass opinion or similar situations that people encountered and how did they handle them.
  Any thoughts/directions/advices on this will greatly clear doubts in my mind.
Thanks in advance !!!

 - DesiBrother
 
No Title

(1) Your record is in public record with the court you went to.
    The local police may also record the arrest/citation to
    FBI
(2) When you do I-485, you need to do a FP for FBI clearance
    If teh local police did report yoru case to the FBI,
    then the INS will find out (The INS has no resources to
    check with each court thu out teh USA so they primarily depend
    on the FBI)
(3) You do your GC just like anyone else, exzcept you need to
    answer Yes to this I485 question:"Have you ever been
    cited, arrested, charged, indicted, fined, or imprisoned
    for violation or ordinance excluding traffic violation"
    and attached a certified court disposition document

It is not a big deal I see no reason the INS can deny your
application for this.
Just do what your lawyer told and you disclose this
at the stage of I-485
 
Not an issue

As long as you weren\'t convicted, you are OK. The FBI check is only for serious crimes. Getting arrested for such issues ISN\'T an issue. If you had gotten charged and fined or jailed, then you might hvae had a problem. Otherwise, it\'s a non-issue.
 
Shoplifting Conviction

Hi,
I have recently received the approved I-140 and it it time to apply for the 485 filing. There are questions that you need to answer and one of them relates to criminal convictions. A few years back, I was convicted of a shoplifting misdemeanor and I will have to answer a \'Yes\' to this question. I am concerned about this. Anybody who can share some information on this if possible would be appreciated.
Thx,
 
NEED MORE INFO

I HAVE A FRIEND WHO TOOK HER DAUGHTER TO THE DOCTOR WHO HAD A BIG BRUISE ON THE LITTLE GIRL. THE MOM SAID SHE REALLY DID FALL AND SHE Wouldn\'t HURT HER DAUGHTER ,BUT THE DOCTOR CALL C.P.S ON HER AND THEY TOOK THE LITTLE GIRL AWAY. LATER ON THEY GAVE THE LITTLE GIRL BACK BUT STILL FILED CHARGES ON THE MOTHER AND HAS TO GO TO COURT. SHE IS ILLEGAL AND WANT TO KNOW IF SHE WILL GET DEPORTED FOR SOMETHING SHE Didn\'t DO.
 
Misdemeanor Charges

I was falsely charged with a Misdemeanor (third degree assault) in 1986. I got my green card in 1994. I was not convicted, but I was fingerprinted and the charges were dismissed in court on the day of the trial. I do not remember if the application in 1993 asked questions about ever being "charged". I know the current green card application asks that question. If the form at that time had it, I must have answered NO as I did with all the questions. When it was time to apply for citizenship, I noticed question 15 asking "Have you ever been charged, etc." I was eligible to apply for citizenship for a couple of years now, but I did not apply because of fear that I may have unintentionally withheld information on my green card application. I did a criminal record check by submitting my fingerprints to the State of NY criminal records, but it came back as negative. After a long search, I was able to get a copy of the case disposition from the court, after a manual search performed twice. My question is, would the FBI have a record that I was charged with this Misdemeanor, but not convicted? If I answer YES to question 15 on N-400 with the explanation, would the INS bring back my file and check what I answered on my green card form? Should I just stay with green card? I think I will face the same question when it\'s time to renew the green card.
 
No Title

It shouldn\'t ve been a problem before, but I don\'t know
the impact of 9-11 terrorist acts. The INS may just tighten up
on all crietira
 
How big a risk is it?

I came to the US on an F1 visa, and while I was on that visa ended up working(without University or INS consent) for about a month with a small company. I now am on an H1 visa and am planning to apply for my GC. I just recently found out that the company that I had worked for while I was on the F1 visa had sent me a W2 form. I was completly unaware of this fact. I have been paying the taxes but never really included that W2 in my tax return. The IRS doesent seem to be bothered by that fact.

Either way, my question is, will the INS be able to detect that particular time period when I worked? If it does detect what are the implications? Are there standard INS procedures like paying a fine etc to resolve the issue or will the GC application simply get turned down?

Any suggestions, personal experiences will be greatly appreciated.

Thankyou

John
 
shoplifting!

As long as I know misdemeanor crimes as shoplifting are there only for 3 years in a given record @ the local office! Let us know any different.
 
Need advise regarding the same

I am in the same boat and I checked with one lmm. lawyer and he said if its an isolated event, there should be no reason. But he suggested to consult my lawyer (company lawyer who I havent spoken to about this) and be honest about it.
My predicament is whether I should do AOS or CP being in this situation. Is there any way if the consulate will figure it out if you have any misdemaor charges???

Please advise if you guya have got any help since its been a while this was posted
 
No Title

You should not fear about disclosing anything to your lawyer.

Lawyers (whether Pvt or Company) go thru\' same law school which puts attorney-client relations on top of anything. They will not use any information against you.

You can talk to your company lawyer personally and disclose them the issue asking them that you want that to be kept confidential. I\'m sure any lawyer will oblige.
 
Drive without licence in CA

Once I consulted one immi lawyer. His anwser is one single misdemeanor is OK. I have one conviction on drive without licence in CA. Hit-n-run was dismissed. Will it affect my I485?
 
stupid shoplifting

I am a graduate student who is getting graduated, seeking for a job. I believe I am an honest person, but stupidly committed shoplifting a year ago, was charged "theft" but not jailed. And I paid the fine. I have been praying every day hoping God could forgive my sin. With my job hunting coming and my application for permanent citizenship coming, I am panicking and remorsing. If you could help me with my confusions, that would be greatly greatly appreciated.
1. Am I morally responsible to tell my future employer about my shoplifting "theft charge?"
2. Will my future employer find it out themselves?
3. Will the immigration officers find out my stupid shoplifting record?

Worried and remorsed,
 
No Title

1&2. Usually the employer ony check if you have been convicted of felony. However, some of them may require complete background check, and they will need your agreement to do that.
3. You should try to find a competent lawyer, shop around carefully, I heard some horrible stories people got overcharged by some unethical lawyers. Also, you can search this site to find some very good information. Moreover, checkout "http://www.ins.usdoj.gov/lpBin/lpex...es&fn=document-frame.htm#slb-act212" Sec. 212(a)(2) to see if INS may reject your PR application based on your record.

  Good Luck
 
Have your attorney file an affidavit with your 485 application

You will have to answer \'Yes\' on the 485 application. However, there is a clause (I think 212(a)) which still makes you eligible to apply and adjust your status to that of PR. Good luck, do not worry - you will be fine.
 
help for the one ILOVE

I NEED HELP MY HUSBAND IS SERVING TIME FOR ILLEGALREENTRY HE IS SERVING 34 MONTHS,YES HE DOSE HAVE A BAD BACK GROUND THIS HAPPEN BEFORE WE EVER MET AND NOW HE IS PAYING HIS TIME ONLY FOR REENTRY HE IS OFF OF PAROLE AND I WANT TO KNOW WHAT ALL I CAN DO TO HELP HIM GET OUT AND NOT BE DEPORTED I DONT HAVE THE MONEY TO PAY THIS EXPENSIVE LAYWERS.AND I AM ON WELFARE AT THIS TIME AND AM TRYING TO MAKE ENDS MEET.HE WAS A GOOD WORKING MAN AND A GREAT FATHER AND HUSBAND.WHAT CAN I DO?
 
One Comment: As long as you are not convicted, you are fine.

That\'s what I learned in my recruiting workshop. When we go out to recruit employees, we are not allowed to ask if a person has ever been arrested but instead we could ask if he/she has been convicted.

They can charge you with any crime but they have to prove it and get a conviction in the court of law. If you are ever convicted, you should definitely consult a competent immigration attorney. A law passed in 1996 requires the INS to deport any alien with a conviction of any misdemeanor as frivolous as shoplifting. Be very careful.

I once read an article written by an immigration lawyer. He warns that if you are charged with a misdemeanor such as shoplifting, don\'t take the plea-bargain and plead guilty without consulting an immigration lawyer. One could get off the hook by pleading guilty but he/she could be deportable under the 1996 immigration law.
 
No Title

The fact that there was no conviction certainly helps to show that it should not be held against you. BUT. There is a different standard of proof involved here. Just because there was not enough evidence to convict a person "beyond a reasonable doubt" does not mean that this arrest cannot be used to deny a GC. Just ask O.J. Simpson about different standards of proof. He was not found guilty of murder since the jury was not convinced "beyond a reasonable doubt" but that did not prevent a jury from finding him civilly liable for Nicole Brown\'s death since the standard of proof is much lower (more likely than not) in a civil case.

The fact that a person is not convicted does not necessarily mean that there is nothing to worry about. Lack of a conviction certainly reduces the possibility of problems but that doesn\'t mean that there will not be any.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
You can do this....GC_Kool and Jim Mills please clarify

1) Hire an attorney to expunge the record for future employment and other purposes (desi-bhai, pete_baldwin, gj00)
2)While filing 485, you have to answer yes to the question but have an attorney attach some kind of explanation of the incident and the fact that you remain eligible to adjust under Sec 212 of the INA.
http://www.ins.usdoj.gov/lpBin/lpex...emplates&fn=document-frame.htm#slb-act212

GC_Kool and Jim Mills: What do you mean by \'there should not be a conviction\'. I was charged for a misdemeanor but plead guilty to \'creating a nuisance\', a municipal ordinance. Paid the fine, was let go...Was never imprisoned or anything. Please clarify !!
Also GC_Kool, what was that 1996 immigration rule...how does it work with INA Sec 212, can you provide any references?

Thanks.
 
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