andrei

nhfh

Di

andrei <[email protected]> wrote in message
news:<[email protected]>...
    > Hi everybody, here is my problem:i was in US on a J1 visa, was arrested for
    > shoplifting, case dissmised and record sealed and expunged.oficially is no
    > record,right? after i returned to my home country i went back on a B2 visa, i sayd
    > in the application form theat i was never arrested(fraud),and i return the second
    > time in my home country and married a US citizen, she filed a petition for me and
    > was approved.now we are waiting for the J1 waiver to be approed.it should come
    > anytime now. the question: when US embassy runs an FBI name check,i suppose they
    > did it already when i was with my wife 5 months ago, they call you to be
    > fingerprinted or they wait to see what you say in immigrant visa application.if i
    > lie or not. my guess is that they already did run a FBI check abd it came back
    > negative.is this possible.should i disclose about my previous arrest or not?if i do
    > i'll be accused of visa fraud. please advice me what to do. best wishes.

I'm sorry I don't have an answer for you. But can you please share your J1 waiver
experience. What basis did you apply on and when? Thank you and good luck to you.

Ingo Pakleppa

I would suggest you hire a competent immigration attorney. I believe it may be
possible to fix this by applying for what is known as a fraud waiver. Basically, you
would be telling INS that "yes, I know, I lied, can you forgive me, please?"

Since the case was dismissed, it's not a material fact that you were concealing;
you'd qualify for the visa if it wasn't for the lie about the arrest record.

Of course you could also try to continue concealing the arrest. However, that would
make matters worse. Anybody who ever found out about it would be able to get you
deported, even stripped of US citizenship once you are a citizen, for the rest of
your life.

Again, I'd start by looking for some very competent legal advice, and then try to fix
the problem.

Ingo

On 1 Apr 2002 13:35:03 GMT, andrei <[email protected]> wrote:

    >Hi everybody, here is my problem:i was in US on a J1 visa, was arrested for
    >shoplifting, case dissmised and record sealed and expunged.oficially is no
    >record,right? after i returned to my home country i went back on a B2 visa, i sayd
    >in the application form theat i was never arrested(fraud),and i return the second
    >time in my home country and married a US citizen, she filed a petition for me and
    >was approved.now we are waiting for the J1 waiver to be approed.it should come
    >anytime now. the question: when US embassy runs an FBI name check,i suppose they did
    >it already when i was with my wife 5 months ago, they call you to be fingerprinted
    >or they wait to see what you say in immigrant visa application.if i lie or not. my
    >guess is that they already did run a FBI check abd it came back negative.is this
    >possible.should i disclose about my previous arrest or not?if i do i'll be accused
    >of visa fraud. please advice me what to do. best wishes.
    >
    >
    >
    >--
    >Posted via http://britishexpats.com

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.com http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

andrei

kln

Ingo Pakleppa

It is immaterial whether the FBI knows about it or not, even immaterial that the
charges were dismissed and your record expunged.

The ONLY thing that matters is that you did not tell INS that you had been arrested
when they asked. This in itself can pose a problem even if the underlying arrest is
harmless. Thus the need to get the problem fixed.

Ingo

On 2 Apr 2002 13:07:33 GMT, andrei <[email protected]> wrote:

    >Hi, if i make arequest on FBI FOIA anf it cames back negative it means the FBI has
    >nothing on file about me, right?maybe my arrest record was not even send to FBI
    >because of a minor misdemeanor,so i can answer no at the question if i was ever
    >arrested? best wishes.
    >
    >
    >
    >--
    >Posted via http://britishexpats.com

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Riri

Ingo is perfectly right. Basically INS does not ask you if you have any records or if
you were ever convicted. They ask you if you have ever been arrested and dealt with
the police. Example: at my N-400 interview the officer asked me: "have you ever
talked to the police?" I answer yes because I actually talked with a policeman after
a car accident as I was a witness. She asked me if I was involved in the accident.

INS wants to know about all the events.

Note how she put it. She did not ask me if I had any record or committed any crime. I
would say that they want to know all the events and most of all if you are honest and
forthcoming!

R

"Ingo Pakleppa" <[email protected]> wrote in message
news:[email protected]...
    > It is immaterial whether the FBI knows about it or not, even immaterial that the
    > charges were dismissed and your record expunged.
    >
    > The ONLY thing that matters is that you did not tell INS that you had been arrested
    > when they asked. This in itself can pose a problem even if the underlying arrest is
    > harmless. Thus the need to get the problem fixed.
    >
    > Ingo
    >
    > On 2 Apr 2002 13:07:33 GMT, andrei <[email protected]> wrote:
    >
    > >Hi, if i make arequest on FBI FOIA anf it cames back negative it means the FBI has
    > >nothing on file about me, right?maybe my arrest record was not even send to FBI
    > >because of a minor misdemeanor,so i can answer no at the question if i was ever
    > >arrested? best wishes.
    > >
    > >
    > >
    > >--
    > >Posted via http://britishexpats.com
    >
    >
    > I am not a lawyer and this is not legal advice. For reliable advice, please consult
    > with a professional immigration attorney.
    >
    > For further information, check the following frequently-requested links.
    >
    > For many questions, you may find answers at
    > http://travel.state.gov/visa_services.html (Department of State)
    >
    > or http://ins.usdoj.gov (INS).
    >
    > For consular policies and visa reciprocity fees, find your consulate in
    > http://travel.state.gov/links.html
    >
    > For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
    >
    > For information on affidavit of support for marriage to US citizens (I-864), go to
    > http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
    >
    > For information on entering the US as a K-1: http://www.k1poelist.com/
    >
    > For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
    >
    >
    > For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
    > http://travel.state.gov/revals.html
    >
    >
    > For non-official information, check:
    >
    > (When using these sites, and any Web sites, please watch out for privacy, as I do
    > not know all site operators.)
    >
    > http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
    > http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
    > (dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
    > http://www.getusavisa.com http://greencard-lottery.virtualave.net/
    > http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
    > http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > http://www.workpermit.com
    >
    > This is not an endorsement of any of these Web sites. I am not affiliated with any
    > of the Web site owners and do not receive nor accept payment in return for listing
    > them, and typically don't even know them.
    >
    > (if believe you have a good immigration-related Web site and want your Web site
    > listed here, please e-mail me).