IV granted despite criminal conviction/deportation
#1
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IV granted despite criminal conviction/deportation
I have been in the process of applying for an immigration visa based on my father who is a naturalized citizen. my immigration history:
I was brought into the US as a minor (was 8 years old) without any knowledge of my immigration status. I thought I was going on a vacation but since I was so young, I had no idea what was going on. I wasn't really kept in the loop about my status at all. I went through school, gotten a social security number, enrolled into University of Texas when I was 18. I joined the NRA and became involved in target shooting and had hobbies such as rocketry, etc.
One day (2002) I woke up to find Federal agents at my door, at first I thought they had the wrong person but they revealed to me (later on) that I had been in the country illegally, and since I possessed guns at the time, I was charged and convicted of possessing of a firearm as an illegal alien, and misrepresentation of social security number (since the SS number I have gotten was somehow fraudulently obtained). I tried to fight the case at the time but since I was denied bail and I was looking at very little time, I pled guilty and was sentenced to 1 year 1 day, and deported to Taiwan after finishing my sentence.
Fast forward to a few months ago when I started applying for an immigration visa based on my father, I disclosed all the information that I knew in the DS-260. At the interview I was asked to explain and was advised that since I had committed a crime, they have to check if I was even eligible for the visa. 2 weeks later I was contacted for a second interview by 2 officers who asked about the case, but more importantly asked many more questions about what I've done in the years I have been in Taiwan, and if I have been back to the US since. I told them that I have never entered the US since then, and that the first 2 years of being in Taiwan I was serving in the Taiwan military because it is required in Taiwan. After that I was working on my college degree so I took on odd jobs, and after the degree I was involved in missionary work with YWAM and other churches, finally in the past 3 years I have been building and repairing guitars for a living. They said that they will need some time to decide on my application and sent me away.
Less than a week later the consulate called and asked for my passport, as my visa has been granted!! I got the passport back one business day later with the visa and the visa packet.
I was brought into the US as a minor (was 8 years old) without any knowledge of my immigration status. I thought I was going on a vacation but since I was so young, I had no idea what was going on. I wasn't really kept in the loop about my status at all. I went through school, gotten a social security number, enrolled into University of Texas when I was 18. I joined the NRA and became involved in target shooting and had hobbies such as rocketry, etc.
One day (2002) I woke up to find Federal agents at my door, at first I thought they had the wrong person but they revealed to me (later on) that I had been in the country illegally, and since I possessed guns at the time, I was charged and convicted of possessing of a firearm as an illegal alien, and misrepresentation of social security number (since the SS number I have gotten was somehow fraudulently obtained). I tried to fight the case at the time but since I was denied bail and I was looking at very little time, I pled guilty and was sentenced to 1 year 1 day, and deported to Taiwan after finishing my sentence.
Fast forward to a few months ago when I started applying for an immigration visa based on my father, I disclosed all the information that I knew in the DS-260. At the interview I was asked to explain and was advised that since I had committed a crime, they have to check if I was even eligible for the visa. 2 weeks later I was contacted for a second interview by 2 officers who asked about the case, but more importantly asked many more questions about what I've done in the years I have been in Taiwan, and if I have been back to the US since. I told them that I have never entered the US since then, and that the first 2 years of being in Taiwan I was serving in the Taiwan military because it is required in Taiwan. After that I was working on my college degree so I took on odd jobs, and after the degree I was involved in missionary work with YWAM and other churches, finally in the past 3 years I have been building and repairing guitars for a living. They said that they will need some time to decide on my application and sent me away.
Less than a week later the consulate called and asked for my passport, as my visa has been granted!! I got the passport back one business day later with the visa and the visa packet.
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: IV granted despite criminal conviction/deportation
Out of curiosity, did you ever vote or travel from Texas to Mexico and back?
#3
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Re: IV granted despite criminal conviction/deportation
No I didn't. Never been to mexico, and never voted except in mock (fake) elections that they make you do at school to teach you what democratic process is...
I have voted but only in Taiwan (after returning), I don't think the US cares about that.
I have voted but only in Taiwan (after returning), I don't think the US cares about that.
#4
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Joined: Jan 2011
Location: North Charleston, SC
Posts: 194
Re: IV granted despite criminal conviction/deportation
How did your father naturalize? Was he deported too ( if he was the one to bring you in illegally)? I was just very surprised that you didn't have any bumps in the road so to speak.
#6
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Re: IV granted despite criminal conviction/deportation
my mother was the one who brought me over illegally, he had no part in this. He came in initially on a non immigrant visa and kept it current as far as I know. My mom passed away in 1999 and he remarried to a US Citizen and was able to naturalize that way.
#7
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Re: IV granted despite criminal conviction/deportation
Why were you in possession of a firearm without an appropriate permit?
#8
American Expat
Joined: Jan 2004
Posts: 7,598
Re: IV granted despite criminal conviction/deportation
He likely wouldn't need a permit if he was a US citizen. He was illegally in the US, and it was illegal for him to possess a gun at all. He also mentions model rocketry. That may have attracted attention from law enforcement as well.
#9
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Joined: Apr 2013
Posts: 5,154
Re: IV granted despite criminal conviction/deportation
You're right. NRA-ILA | Texas - that just seems insane to me, but hey, it's TX right? I couldn't buy a firearm here in MA until I got my permit issued.
#10
American Expat
Joined: Jan 2004
Posts: 7,598
Re: IV granted despite criminal conviction/deportation
You're right. NRA-ILA | Texas - that just seems insane to me, but hey, it's TX right? I couldn't buy a firearm here in MA until I got my permit issued.
#11
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Re: IV granted despite criminal conviction/deportation
This isn't the UK, we have the right to have a gun in Texas or anywhere in the US really. At least for Texas no permit is needed.
The issue was I had no idea what my immigration status was because I was brought in as a kid and being told that I was in fact a legal immigrant, with false papers that my mom had obtained illegally.
But It's good that it counted for something.
The issue was I had no idea what my immigration status was because I was brought in as a kid and being told that I was in fact a legal immigrant, with false papers that my mom had obtained illegally.
But It's good that it counted for something.
#12
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Joined: Apr 2013
Posts: 5,154
Re: IV granted despite criminal conviction/deportation
Never thought I'd commend ICE on being proactive, but they appear to have done a good job this time.
#13
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Joined: Mar 2004
Posts: 2
Re: IV granted despite criminal conviction/deportation
You do not need to be a USC to buy a gun, I have a few.
Nowadays you certainly in Colorado have to pass a background check but that is not the same everywhere and all time.
Nowadays you certainly in Colorado have to pass a background check but that is not the same everywhere and all time.
#14
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Re: IV granted despite criminal conviction/deportation
I wasn't a convicted felon at the time, until I was convicted of the gun thing. Before that I passed background checks without any issue. You don't seem to understand the issue here. I had absolutely no criminal convictions or even arrests prior to that incident. In fact I never even gotten a traffic ticket. Rocketry isn't really an illegal activity at all, it's just a bunch of people who loves science that flies rocket, and I stuck to clubs most the time because the legal requirement to fly large rockets can be a little complicated.
Also ICE does not exist in 2002, it was INS back then.
Federally you have to pass a background check to buy any firearm except for black powder guns. You don't have to be a US Citizen to buy a gun, only aliens that can't buy guns are either illegal aliens, or nonimmigrants who don't have a hunting license or other legit reasons to have a gun. Also like I said I was led to believe I was a legal immigrant so I had no idea that I was illegally in the country until INS pretty much told me that.
Also ICE does not exist in 2002, it was INS back then.
Federally you have to pass a background check to buy any firearm except for black powder guns. You don't have to be a US Citizen to buy a gun, only aliens that can't buy guns are either illegal aliens, or nonimmigrants who don't have a hunting license or other legit reasons to have a gun. Also like I said I was led to believe I was a legal immigrant so I had no idea that I was illegally in the country until INS pretty much told me that.
Last edited by taiwanluthiers; Sep 4th 2014 at 3:17 am.