US will know UK criminal records
Jan 20th 2009, 10:55 pm
#76
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: US will know UK criminal records
Sure, the bar is contained at INA 212(a)(6)(C) or 8 U.S.C. 1182(a)(6)(C), there is a waiver at INA 212(i), but it is limited to individuals who can show their removal would result in "extreme hardship" to their permanent resident or U.S. citizen parents or spouse. Kids don't count.
Ian
Jan 21st 2009, 4:51 pm
#77
Concierge
Joined: Apr 2001
Posts: 46,413
Re: US will know UK criminal records
Welcome to BE, Mr. Daner
Are we to take it that you are an immigration and an immigration attorney at that? If so, your experience and expertise is more than welcome on the BE immigration forums. Please feel free to introduce yourself to the forum members. You may put a link to your webite in your signature line and if you wish to accept clients from the forum, please do so privately and not divulge that information here.
Rete
Last edited by Rete; Jan 21st 2009 at 4:54 pm.
Jan 21st 2009, 5:39 pm
#78
Just Joined
Joined: Jan 2009
Location: Philadelphia, PA
Posts: 7
Re: US will know UK criminal records
If by cites he means URL's then they will never go through without first going through moderator approval.
Welcome to BE, Mr. Daner
Are we to take it that you are an immigration and an immigration attorney at that? If so, your experience and expertise is more than welcome on the BE immigration forums. Please feel free to introduce yourself to the forum members. You may put a link to your webite in your signature line and if you wish to accept clients from the forum, please do so privately and not divulge that information here.
Rete
Welcome to BE, Mr. Daner
Are we to take it that you are an immigration and an immigration attorney at that? If so, your experience and expertise is more than welcome on the BE immigration forums. Please feel free to introduce yourself to the forum members. You may put a link to your webite in your signature line and if you wish to accept clients from the forum, please do so privately and not divulge that information here.
Rete
Nice to meet you and everyone else in the forum. By way of introduction, I am an Immigration Attorney and a member of the American Immigration Lawyers Association (AILA). I'm based in Philadelphia, Pennsylvania, but our practice is international in scope. We are one of the few firms that cover all areas of Immigration Law, from employment non-immigrant categories like the H-1B, H-2B, H-3, L-1, O, TN, E, R etc. to deportation and complex litigation matters, and everything in between. Members of our firm are barred at all levels of the federal court system. We run the gamut of Permanent Resident cases as well, including Alien of Extraordinary Ability, National Interest Waivers, Outstanding Researcher and Professor, PERM labor certification, EB-5 investor's cases, Special Immigrant Religious Worker, etc. Needless to say, anything I am told off-list will be held in the strictest confidence. That is both our policy and indeed the law.
On a personal note, I’m a big independent (indie) rock music fan, an ardent sports enthusiast, and I have had a nearly three year long obsession with food and wine. I love talking about those estimable subjects (at all hours and ad nauseum) as well.
I'd be happy to talk to anyone by email or by phone 215-546-4333.
Once again nice to meet all of you,
Daniel Rudnick
Steel, Rudnick & Ruben
Jan 21st 2009, 7:32 pm
#79
Concierge
Joined: Apr 2001
Posts: 46,413
Re: US will know UK criminal records
Welcome again, Dan. It is a pleasure to meet you.
By all means complete your profile and include your company's wherewithals if you wish and you may, of course, add a link to your own website or theirs in your signature line.
At present we have Messrs JCraig Fong and S. Folinsky of LA as participants of our forum and welcome all immigration attorneys who wish to add to our storehouse of knowledge.
Hmmmm a three year long obsession with wine and food? Now that makes one's imagination run wild. You could be an overweight inebriated man or a thin man with a hollow arm and leg. Not going to ask you which it is.
By all means complete your profile and include your company's wherewithals if you wish and you may, of course, add a link to your own website or theirs in your signature line.
At present we have Messrs JCraig Fong and S. Folinsky of LA as participants of our forum and welcome all immigration attorneys who wish to add to our storehouse of knowledge.
Hmmmm a three year long obsession with wine and food? Now that makes one's imagination run wild. You could be an overweight inebriated man or a thin man with a hollow arm and leg. Not going to ask you which it is.
I'll try to find a suitable picture to post, post-haste.
Jan 22nd 2009, 2:51 am
#84
Account Closed
Thread Starter
Joined: Sep 2002
Posts: 16,266
Re: US will know UK criminal records
Hi Rete,
Nice to meet you and everyone else in the forum. By way of introduction, I am an Immigration Attorney and a member of the American Immigration Lawyers Association (AILA). I'm based in Philadelphia, Pennsylvania, but our practice is international in scope. We are one of the few firms that cover all areas of Immigration Law, from employment non-immigrant categories like the H-1B, H-2B, H-3, L-1, O, TN, E, R etc. to deportation and complex litigation matters, and everything in between. Members of our firm are barred at all levels of the federal court system. We run the gamut of Permanent Resident cases as well, including Alien of Extraordinary Ability, National Interest Waivers, Outstanding Researcher and Professor, PERM labor certification, EB-5 investor's cases, Special Immigrant Religious Worker, etc. Needless to say, anything I am told off-list will be held in the strictest confidence. That is both our policy and indeed the law.
On a personal note, I’m a big independent (indie) rock music fan, an ardent sports enthusiast, and I have had a nearly three year long obsession with food and wine. I love talking about those estimable subjects (at all hours and ad nauseum) as well.
I'd be happy to talk to anyone by email or by phone 215-546-4333.
Once again nice to meet all of you,
Daniel Rudnick
Steel, Rudnick & Ruben
Nice to meet you and everyone else in the forum. By way of introduction, I am an Immigration Attorney and a member of the American Immigration Lawyers Association (AILA). I'm based in Philadelphia, Pennsylvania, but our practice is international in scope. We are one of the few firms that cover all areas of Immigration Law, from employment non-immigrant categories like the H-1B, H-2B, H-3, L-1, O, TN, E, R etc. to deportation and complex litigation matters, and everything in between. Members of our firm are barred at all levels of the federal court system. We run the gamut of Permanent Resident cases as well, including Alien of Extraordinary Ability, National Interest Waivers, Outstanding Researcher and Professor, PERM labor certification, EB-5 investor's cases, Special Immigrant Religious Worker, etc. Needless to say, anything I am told off-list will be held in the strictest confidence. That is both our policy and indeed the law.
On a personal note, I’m a big independent (indie) rock music fan, an ardent sports enthusiast, and I have had a nearly three year long obsession with food and wine. I love talking about those estimable subjects (at all hours and ad nauseum) as well.
I'd be happy to talk to anyone by email or by phone 215-546-4333.
Once again nice to meet all of you,
Daniel Rudnick
Steel, Rudnick & Ruben
To others here, the firm enjoys an excellent reputation of long standing. Dan is from what I consider the younger generation, but he has excellent people who can give him excellent advice. "Institutional Memory" is a wonderful thing all too often missing in the immigration agencies, and alas, among the bar also.
Take a look at footnote #13 in the following case: http://www.ca3.uscourts.gov/opinarch/054232pa.pdf
I wish I had a compliment like that.
No, I'm not going to Las Vegas this year. However, in Vancouver, everyone complimented me on the reminder that Marbury v Madison is still good law. Just yesterday, I replied to a government response in the 9th Circuit where they argued that reliance on Supreme Court authority was misplaced. I could not resist -- with a straight face I put in a subject that "The constitution is the supreme law of the land and the Supreme Court is the final arbitrer of what it means" and I cited Marbury (1803) and The Japanese Immigrant Case (1903). I did mention that the Compean decision from Mr. Mukasey two weeks back.
Welcome.
Jan 22nd 2009, 7:58 pm
#85
Just Joined
Joined: Jan 2009
Location: Philadelphia, PA
Posts: 7
Re: US will know UK criminal records
Hi Dan:
To others here, the firm enjoys an excellent reputation of long standing. Dan is from what I consider the younger generation, but he has excellent people who can give him excellent advice. "Institutional Memory" is a wonderful thing all too often missing in the immigration agencies, and alas, among the bar also.
Take a look at footnote #13 in the following case: http://www.ca3.uscourts.gov/opinarch/054232pa.pdf
I wish I had a compliment like that.
No, I'm not going to Las Vegas this year. However, in Vancouver, everyone complimented me on the reminder that Marbury v Madison is still good law. Just yesterday, I replied to a government response in the 9th Circuit where they argued that reliance on Supreme Court authority was misplaced. I could not resist -- with a straight face I put in a subject that "The constitution is the supreme law of the land and the Supreme Court is the final arbitrer of what it means" and I cited Marbury (1803) and The Japanese Immigrant Case (1903). I did mention that the Compean decision from Mr. Mukasey two weeks back.
Welcome.
To others here, the firm enjoys an excellent reputation of long standing. Dan is from what I consider the younger generation, but he has excellent people who can give him excellent advice. "Institutional Memory" is a wonderful thing all too often missing in the immigration agencies, and alas, among the bar also.
Take a look at footnote #13 in the following case: http://www.ca3.uscourts.gov/opinarch/054232pa.pdf
I wish I had a compliment like that.
No, I'm not going to Las Vegas this year. However, in Vancouver, everyone complimented me on the reminder that Marbury v Madison is still good law. Just yesterday, I replied to a government response in the 9th Circuit where they argued that reliance on Supreme Court authority was misplaced. I could not resist -- with a straight face I put in a subject that "The constitution is the supreme law of the land and the Supreme Court is the final arbitrer of what it means" and I cited Marbury (1803) and The Japanese Immigrant Case (1903). I did mention that the Compean decision from Mr. Mukasey two weeks back.
Welcome.
Thanks for the warm welcome. I appreciate the kind words about my Dad and our practice. I was just in Aruba with him for the AILA Conference. For those of us on the East Coast, it was nice to get away from the sub-freezing weather.
Anyway, it is sad to hear that we’re not alone on this Coast dealing with an agency that has embraced the Bush mentality of being above the law. Luckily, we’re here to keep them honest.
I’m optimistic that the next 8 years will bring improvements, but this embedded “with us or against us” attitude that has been fostered, with the perception that certain ends justify any means, will take time to surmount. Unfortunately, Obama has a lot on his plate and I’m not sure Immigration Reform will be where he starts.
Thanks again,
Dan
Last edited by daner92; Jan 22nd 2009 at 8:01 pm.
Apr 7th 2009, 12:35 pm
#86
Forum Regular
Joined: Mar 2009
Posts: 45
Re: US will know UK criminal records
Just an update on this
http://www.theregister.co.uk/2009/04...rint_exchange/
"3rd April 2009 13:10 GMT
The UK Border Agency plans to start exchanging fingerprint data with the US, Canada and Australia in the near future
The organisation, which gained full executive agency status on 1 April 2009, says in a business plan issued on the same day that that it plans to work with the USA, Canada and Australia to "introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing". This is intended to help identify and bar foreign criminals from entering the country, and is planned for "early 2009"."
The busines plan is here
http://www.ukba.homeoffice.gov.uk/si...sinessplan.pdf
and the relevant section is on Page 25
"OUR PRIORITIES
2009 / 2012
Targeting criminals at the border
We will work with the USA, Canada and Australia to introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing. This will enhance our ability to identify foreign criminals and bar them from our countries."
I can see this linking through US-VISIT from NCIC from the UK PNC. As a data integration excercise (with available biometrics - name, birth date, place of birth) or worse, from an accuracy point of view, fingerprints, I think a few people who have abused the system in the past may have to worry.
Actually doing a check from ESTA would cause a real problem due to the differences in criminal codes, whether its a CiMT, Petty Offenses exceptions etc etc so can't see any changes occuring there. But what do I know
http://www.theregister.co.uk/2009/04...rint_exchange/
"3rd April 2009 13:10 GMT
The UK Border Agency plans to start exchanging fingerprint data with the US, Canada and Australia in the near future
The organisation, which gained full executive agency status on 1 April 2009, says in a business plan issued on the same day that that it plans to work with the USA, Canada and Australia to "introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing". This is intended to help identify and bar foreign criminals from entering the country, and is planned for "early 2009"."
The busines plan is here
http://www.ukba.homeoffice.gov.uk/si...sinessplan.pdf
and the relevant section is on Page 25
"OUR PRIORITIES
2009 / 2012
Targeting criminals at the border
We will work with the USA, Canada and Australia to introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing. This will enhance our ability to identify foreign criminals and bar them from our countries."
I can see this linking through US-VISIT from NCIC from the UK PNC. As a data integration excercise (with available biometrics - name, birth date, place of birth) or worse, from an accuracy point of view, fingerprints, I think a few people who have abused the system in the past may have to worry.
Actually doing a check from ESTA would cause a real problem due to the differences in criminal codes, whether its a CiMT, Petty Offenses exceptions etc etc so can't see any changes occuring there. But what do I know
Last edited by snowguy; Apr 7th 2009 at 12:53 pm.
