ROZI

Hi guys,
I am hoping you can give me some good advice on my issue. Well, my brother is married to a US citizen but now they live apart. The problem is that my brother 8years ago crossed the border illegally to go to greece, he was caught and returned back to his country. At that time he didn't know that greek officials put him a denial for re-entry. So he found that out just this june, now he has a lawyer in greece to expunge the record. He was also told that his name is in Schengen Information System since Greece is part of EU. In his country, he has a clean record and works for a well known institution. Meanwhile, on the form i-130 there is a question "has you relative ever been in immigration judicial proceedings?" His wife is not sure how to fill out that question? If she marks ''no'', do you think that us embassy has access to schengen information system and will find out about his illegal border crossing in greece??? It's so saddddd how unfair life is sometimes. PLEASE HELP ME!!!!!!! Thank you for your time!!!!!!

CAProgrammer

I think that question 16 is asking about immigration judicial proceedings in the USA, not some other country like Greece, but I'm not sure. Maybe someone else will know for sure.

S Folinsky

The question is about United States proceedings. When it comes time to apply for the immigrant visa, the European arrests will be disclosed and discussed.

When I was in practice, I had a case involving an environmental activist who had been arrested and deported from a third country. On the I-130 we said "no" on the immigration proceeding questions but disclosed on the green card ["adjustment"] application.

ian-mstm

The question relates to immigration judicial proceedings in the US. She should answer "no". However, if he has a criminal history that will need to be declared - whether or not the EU record is expunged.


Respectfully, he brought this on himself.

Ian

jeffreyhy

It seems to me that this is your brother's issue. What help do you need?

Regards, JEff

Noorah101

Can you clearly state what your issue is, please? In your paragraphs below, I don't see anything that pertains to you directly.

Where is your brother now? Is he in the USA? Is he applying to adjust status to permanent resident? Is he outside the USA? Is he applying for an Immigrant Visa? Why do they live apart?

Most likely the USA will have a way to find out if he has a record in any other country. I agree with the others that I *think* the I-130 is asking about immigration judicial proceedings in the USA. However, if he is applying for a visa (i.e. he's currently outside the USA), then there will be questions on the visa applications pertaining to any arrests he might have had in his life. Expunging the record in Greece doesn't make his problem go away, it still happened. If he was arrested, or detained, he should declare the incident and write a short paragraph about what happened. If he has any records from that incident, he should include those as well.

Something similar happened with my alien husband. He once got caught working without permission in Turkey. He's an Iranian citizen. He was detained at the time and sent back to Iran to obtain proper work authorization. Since we weren't sure if he was "arrested", we declared the whole incident, wrote a paragraph about what happened, and marked "yes" to the arrest question. At the visa interview, the ConOff asked him more questions about it, then crossed out our "yes", and wrote "no" in a red pen. It never was an issue.

What is unfair? It seems like your brother is on the right track for being united with his wife.

As JEff points out, what is it YOU need help with?

Rene

Noorah101

Rozi,

I changed the thread title to more accurately reflect what you are asking.

Rene
Moderator

Ray

Its terrible ..you commit a crime in one country
and other find out ...

jeffreyhy

Yes, things are definitely going too far. Whatever happened to our right to privacy, so that we won't have to suffer the consequences of our actions?

Regards, JEff