Consular processing for dad with a criminal record
Sep 23rd 2006, 8:21 pm
#1
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Consular processing for dad with a criminal record
I am a USC and I want to sponsor my father for a green card by consular processing. He has a criminal record that I have been advised would fall under 'petty offenses'. This is what we received verbatim on his Police Clearance Certificate this year:
1.) Back in 1971 he was given the equivalent of a US$20.00 fine or 25 days imprisonment which was suspended for 3 years. Charge on the police clearance certificate: "Possession of possibly harmful medicine". He was never arrested and went to court and paid a fine. He had kept antibiotics for the pets in his petstore without the correct documentation. Unfortunately this occurred 35 years ago and the court records were destroyed after 10 years.
2.) Back in 1981 he was given the equivalent of a US$15.00 fine or 90 days imprisonment for "Furnishing False Information". My dad applied for a gun license and on the form it asked if he had ever been arrested. He put "no" because he was NOT arrested for his offense in 1971, however the government said he should have made it clear on his gun application that he had commited a criminal offense. Once again, this occurred 25 years ago and the court records were destroyed.
he has a letter from the courts to say that the case files were destroyed after 10 years.
I have been advised by an attorney that these are petty offenses that occurred so long ago my father shouldn't have anything to worry about, however I am seeking a second opinion here and would appreciate any advice.
1.) Back in 1971 he was given the equivalent of a US$20.00 fine or 25 days imprisonment which was suspended for 3 years. Charge on the police clearance certificate: "Possession of possibly harmful medicine". He was never arrested and went to court and paid a fine. He had kept antibiotics for the pets in his petstore without the correct documentation. Unfortunately this occurred 35 years ago and the court records were destroyed after 10 years.
2.) Back in 1981 he was given the equivalent of a US$15.00 fine or 90 days imprisonment for "Furnishing False Information". My dad applied for a gun license and on the form it asked if he had ever been arrested. He put "no" because he was NOT arrested for his offense in 1971, however the government said he should have made it clear on his gun application that he had commited a criminal offense. Once again, this occurred 25 years ago and the court records were destroyed.
he has a letter from the courts to say that the case files were destroyed after 10 years.
I have been advised by an attorney that these are petty offenses that occurred so long ago my father shouldn't have anything to worry about, however I am seeking a second opinion here and would appreciate any advice.
Last edited by autumn2006; Sep 23rd 2006 at 8:31 pm.
Sep 24th 2006, 1:08 am
#2
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Posts: 16,266
Re: Consular processing for dad with a criminal record
Originally Posted by autumn2006
I am a USC and I want to sponsor my father for a green card by consular processing. He has a criminal record that I have been advised would fall under 'petty offenses'. This is what we received verbatim on his Police Clearance Certificate this year:
1.) Back in 1971 he was given the equivalent of a US$20.00 fine or 25 days imprisonment which was suspended for 3 years. Charge on the police clearance certificate: "Possession of possibly harmful medicine". He was never arrested and went to court and paid a fine. He had kept antibiotics for the pets in his petstore without the correct documentation. Unfortunately this occurred 35 years ago and the court records were destroyed after 10 years.
2.) Back in 1981 he was given the equivalent of a US$15.00 fine or 90 days imprisonment for "Furnishing False Information". My dad applied for a gun license and on the form it asked if he had ever been arrested. He put "no" because he was NOT arrested for his offense in 1971, however the government said he should have made it clear on his gun application that he had commited a criminal offense. Once again, this occurred 25 years ago and the court records were destroyed.
he has a letter from the courts to say that the case files were destroyed after 10 years.
I have been advised by an attorney that these are petty offenses that occurred so long ago my father shouldn't have anything to worry about, however I am seeking a second opinion here and would appreciate any advice.
1.) Back in 1971 he was given the equivalent of a US$20.00 fine or 25 days imprisonment which was suspended for 3 years. Charge on the police clearance certificate: "Possession of possibly harmful medicine". He was never arrested and went to court and paid a fine. He had kept antibiotics for the pets in his petstore without the correct documentation. Unfortunately this occurred 35 years ago and the court records were destroyed after 10 years.
2.) Back in 1981 he was given the equivalent of a US$15.00 fine or 90 days imprisonment for "Furnishing False Information". My dad applied for a gun license and on the form it asked if he had ever been arrested. He put "no" because he was NOT arrested for his offense in 1971, however the government said he should have made it clear on his gun application that he had commited a criminal offense. Once again, this occurred 25 years ago and the court records were destroyed.
he has a letter from the courts to say that the case files were destroyed after 10 years.
I have been advised by an attorney that these are petty offenses that occurred so long ago my father shouldn't have anything to worry about, however I am seeking a second opinion here and would appreciate any advice.
You ask a quite sophisticated question which a lot of lawyers could not answer off the top of their head. I know that I would want to see the paperwork and might also have to look up the laws in question [perhaps have a Canadian lawyer to look those up].
I know that I would NOT do this on a walk-in consulation -- it would be more of a research project.
Sep 24th 2006, 3:13 pm
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Re: Consular processing for dad with a criminal record
Originally Posted by Folinskyinla
Hi:
You ask a quite sophisticated question which a lot of lawyers could not answer off the top of their head. I know that I would want to see the paperwork and might also have to look up the laws in question [perhaps have a Canadian lawyer to look those up].
I know that I would NOT do this on a walk-in consulation -- it would be more of a research project.
You ask a quite sophisticated question which a lot of lawyers could not answer off the top of their head. I know that I would want to see the paperwork and might also have to look up the laws in question [perhaps have a Canadian lawyer to look those up].
I know that I would NOT do this on a walk-in consulation -- it would be more of a research project.
Sep 28th 2006, 1:41 pm
#4
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Posts: n/a
Re: Consular processing for dad with a criminal record
"autumn2006" <member55664@british_expats.com> wrote in message
news:[email protected] m...
>> Hi:
>> You ask a quite sophisticated question which a lot of lawyers could
>> not answer off the top of their head. I know that I would want to see
>> the paperwork and might also have to look up the laws in question
>> [perhaps have a Canadian lawyer to look those up].
>> I know that I would NOT do this on a walk-in consulation -- it would
>> be more of a research project.
> Thank you for your response. I understand that this is complicated. My
> father is Zimbabwean and the police clearance certificate is the only
> paperwork that exists as everything else was destroyed when the new
> government took over. There are no court documents, transcripts or
> anything else that he can get as it happened so long ago.
It's simple actually. Don't even mention it since there are no records :o)
BTW, in cases where a person was arrested but the charges were dismissed
they should have it expunged which means that in contemplation of Law it
never happened and they may answer No when asked if they were ever arrested
and in fact you can sue a person who ever said you were arrested. Even some
criminal convictions can be expunged after a certain period of time.
> --
> Posted via http://britishexpats.com
news:[email protected] m...
>> Hi:
>> You ask a quite sophisticated question which a lot of lawyers could
>> not answer off the top of their head. I know that I would want to see
>> the paperwork and might also have to look up the laws in question
>> [perhaps have a Canadian lawyer to look those up].
>> I know that I would NOT do this on a walk-in consulation -- it would
>> be more of a research project.
> Thank you for your response. I understand that this is complicated. My
> father is Zimbabwean and the police clearance certificate is the only
> paperwork that exists as everything else was destroyed when the new
> government took over. There are no court documents, transcripts or
> anything else that he can get as it happened so long ago.
It's simple actually. Don't even mention it since there are no records :o)
BTW, in cases where a person was arrested but the charges were dismissed
they should have it expunged which means that in contemplation of Law it
never happened and they may answer No when asked if they were ever arrested
and in fact you can sue a person who ever said you were arrested. Even some
criminal convictions can be expunged after a certain period of time.
> --
> Posted via http://britishexpats.com
Sep 28th 2006, 3:51 pm
#5
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Joined: Mar 2004
Posts: 2
Re: Consular processing for dad with a criminal record
Originally Posted by Bababooie
"autumn2006" <member55664@british_expats.com> wrote in message
news:[email protected] m...
>> Hi:
>> You ask a quite sophisticated question which a lot of lawyers could
>> not answer off the top of their head. I know that I would want to see
>> the paperwork and might also have to look up the laws in question
>> [perhaps have a Canadian lawyer to look those up].
>> I know that I would NOT do this on a walk-in consulation -- it would
>> be more of a research project.
> Thank you for your response. I understand that this is complicated. My
> father is Zimbabwean and the police clearance certificate is the only
> paperwork that exists as everything else was destroyed when the new
> government took over. There are no court documents, transcripts or
> anything else that he can get as it happened so long ago.
It's simple actually. Don't even mention it since there are no records
)
BTW, in cases where a person was arrested but the charges were dismissed
they should have it expunged which means that in contemplation of Law it
never happened and they may answer No when asked if they were ever arrested
and in fact you can sue a person who ever said you were arrested. Even some
criminal convictions can be expunged after a certain period of time.
> --
> Posted via http://britishexpats.com
news:[email protected] m...
>> Hi:
>> You ask a quite sophisticated question which a lot of lawyers could
>> not answer off the top of their head. I know that I would want to see
>> the paperwork and might also have to look up the laws in question
>> [perhaps have a Canadian lawyer to look those up].
>> I know that I would NOT do this on a walk-in consulation -- it would
>> be more of a research project.
> Thank you for your response. I understand that this is complicated. My
> father is Zimbabwean and the police clearance certificate is the only
> paperwork that exists as everything else was destroyed when the new
> government took over. There are no court documents, transcripts or
> anything else that he can get as it happened so long ago.
It's simple actually. Don't even mention it since there are no records
) BTW, in cases where a person was arrested but the charges were dismissed
they should have it expunged which means that in contemplation of Law it
never happened and they may answer No when asked if they were ever arrested
and in fact you can sue a person who ever said you were arrested. Even some
criminal convictions can be expunged after a certain period of time.
> --
> Posted via http://britishexpats.com
Wrong.
Some countries may have such legislation, but does not apply to US Immigartion.
Sep 28th 2006, 4:25 pm
#6
Joined: Mar 2003
Posts: 68,280
Re: Consular processing for dad with a criminal record
Originally Posted by Bababooie
It's simple actually. Don't even mention it since there are no records )
BTW, in cases where a person was arrested but the charges were dismissed
they should have it expunged which means that in contemplation of Law it
never happened and they may answer No when asked if they were ever arrested and in fact you can sue a person who ever said you were arrested. Even some criminal convictions can be expunged after a certain period of time.]
) BTW, in cases where a person was arrested but the charges were dismissed
they should have it expunged which means that in contemplation of Law it
never happened and they may answer No when asked if they were ever arrested and in fact you can sue a person who ever said you were arrested. Even some criminal convictions can be expunged after a certain period of time.]
