police record........information please
Jun 23rd 2002, 6:20 pm
#1
Guest
Posts: n/a
police record........information please
I am writing in behalf of a friend who really needs some answers. If someone has any
knowledge of this, please respond to my email.
My friend has been married almost 2 years to a young man from Europe and they are
awaiting his interview for his visa. He does have a police record for 2 DWI, one was
back in 89 and the other one was in 99. Both times he did no jail time, just paid a
fine on both of them. On doing research into this matter, the 1stDWI did not show up
the 2nd time he received the DWI. It was brought up in court but the judge said it
was too old to be used agianst him. She is due to fly to Europe to be with him in a
few weeks but she wants to know if a waiver will be needed. Her husband called the
consulate, and the lady who answered the phone told him not to worry about it, but I
understand if she does. If they do approve his visa, cant the INS officer at the POE
look at his envelope and see where he has had 2 DWI's and deny him into the USA even
though the consulate approves it. Also, can the INS come after him years later and
arrest him agian for these DWI committed overseas. I have been reading where INS
agents have been arresting people that committed crimes 20 years prior and are
getting arrested again for the same thing they had already paid their time for. Once
again, I want to help and I told her I would write and see what needs to be done in
this matter. I dont think she can afford a lawyer in this aspect but I think she has
a few good reasons for a waiver.
Sincerley Joan
knowledge of this, please respond to my email.
My friend has been married almost 2 years to a young man from Europe and they are
awaiting his interview for his visa. He does have a police record for 2 DWI, one was
back in 89 and the other one was in 99. Both times he did no jail time, just paid a
fine on both of them. On doing research into this matter, the 1stDWI did not show up
the 2nd time he received the DWI. It was brought up in court but the judge said it
was too old to be used agianst him. She is due to fly to Europe to be with him in a
few weeks but she wants to know if a waiver will be needed. Her husband called the
consulate, and the lady who answered the phone told him not to worry about it, but I
understand if she does. If they do approve his visa, cant the INS officer at the POE
look at his envelope and see where he has had 2 DWI's and deny him into the USA even
though the consulate approves it. Also, can the INS come after him years later and
arrest him agian for these DWI committed overseas. I have been reading where INS
agents have been arresting people that committed crimes 20 years prior and are
getting arrested again for the same thing they had already paid their time for. Once
again, I want to help and I told her I would write and see what needs to be done in
this matter. I dont think she can afford a lawyer in this aspect but I think she has
a few good reasons for a waiver.
Sincerley Joan
Jun 23rd 2002, 8:23 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,392
Re: police record........information please
I'd like to know where you are reading these stories. Many people are given K-1 and/or I-130 US Consulate approved visas with DWI's on their records. I personally know of one from Ottawa who had three and one pending in Pennyslvania. He got the K-1 without a problem and Montreal was aware of the three DWI's on his record and his lost of driver's license at the time. They also knew of the pending charge in PA. Upon AOS at Philly, the decision for residency was placed on hold until his court date and its final outcome. He did the classes and INS approved his adjustment.
Jun 23rd 2002, 8:26 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,392
Re: police record........information please
PS The INS cannot arrest and try someone for past crimes committed in another country which were judged by a court in that country and in which the "criminal" served the punishment. They could arrest and deport someone for crimes of moral turpitude if there is an outstanding warrant against the person in another country or if they lied on their applications. The latter would be a case of fraud.
Jun 23rd 2002, 11:20 pm
#4
Guest
Posts: n/a
Re: police record........information please
Joanc1241 wrote:
> My friend has been married almost 2 years to a young man from Europe and they are
> awaiting his interview for his visa. He does have a police record for 2 DWI, one
> was back in 89 and the other one was in 99. Both times he did no jail time, just
> paid a fine on both of them. On doing research into this matter, the 1stDWI did not
> show up the 2nd time he received the DWI. It was brought up in court but the judge
> said it was too old to be used agianst him. She is due to fly to Europe to be with
> him in a few weeks but she wants to know if a waiver will be needed. Her husband
> called the consulate, and the lady who answered the phone told him not to worry
> about it, but I understand if she does. If they do approve his visa, cant the INS
> officer at the POE look at his envelope and see where he has had 2 DWI's and deny
> him into the USA even though the consulate approves it. Also, can the INS come
> after him years later and arrest him agian for these DWI committed overseas. I have
> been reading where INS agents have been arresting people that committed crimes 20
> years prior and are getting arrested again for the same thing they had already paid
> their time for. Once again, I want to help and I told her I would write and see
> what needs to be done in this matter. I dont think she can afford a lawyer in this
> aspect but I think she has a few good reasons for a waiver.
>
1. the consulate won't approve the visa unless he has an acceptable criminal record.
2. EVEN IF the consulate finds that his criminal record is not acceptable, there is
all probability that he will be offered the chance to file a waiver.
3. this lady might get some comfort from speaking to an immigration attorney on a
one-time basis to get his opinion.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> My friend has been married almost 2 years to a young man from Europe and they are
> awaiting his interview for his visa. He does have a police record for 2 DWI, one
> was back in 89 and the other one was in 99. Both times he did no jail time, just
> paid a fine on both of them. On doing research into this matter, the 1stDWI did not
> show up the 2nd time he received the DWI. It was brought up in court but the judge
> said it was too old to be used agianst him. She is due to fly to Europe to be with
> him in a few weeks but she wants to know if a waiver will be needed. Her husband
> called the consulate, and the lady who answered the phone told him not to worry
> about it, but I understand if she does. If they do approve his visa, cant the INS
> officer at the POE look at his envelope and see where he has had 2 DWI's and deny
> him into the USA even though the consulate approves it. Also, can the INS come
> after him years later and arrest him agian for these DWI committed overseas. I have
> been reading where INS agents have been arresting people that committed crimes 20
> years prior and are getting arrested again for the same thing they had already paid
> their time for. Once again, I want to help and I told her I would write and see
> what needs to be done in this matter. I dont think she can afford a lawyer in this
> aspect but I think she has a few good reasons for a waiver.
>
1. the consulate won't approve the visa unless he has an acceptable criminal record.
2. EVEN IF the consulate finds that his criminal record is not acceptable, there is
all probability that he will be offered the chance to file a waiver.
3. this lady might get some comfort from speaking to an immigration attorney on a
one-time basis to get his opinion.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
