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Get Arrested at "Special Registration" process? Mohan, Linda, Umesh..please help and answer this.

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  • Get Arrested at "Special Registration" process? Mohan, Linda, Umesh..please help and answer this.

    I filed papers for my husband about 5 months back. He is suppose to go register but we are concerned that if he goes for registration he will be arrested. Reason for this concern is he had a felony charge against him about 5 yrs back and after paying the fine and probation Court/Judge ordered it expunged.

    We spoke with the court house recently and were told if someone does a search on your record it will NOT show up BUT it WILL/MIGHT show up if the record check is done by law enforcement. I assume law enformcent also includes INS???? Our question is that will he be arrestd when he registers and deported? Don't they do background check during EVERY registration process? If you have any idea, please help and answer thse concerns. Thankyou ALL.

  • #2
    I filed papers for my husband about 5 months back. He is suppose to go register but we are concerned that if he goes for registration he will be arrested. Reason for this concern is he had a felony charge against him about 5 yrs back and after paying the fine and probation Court/Judge ordered it expunged.

    We spoke with the court house recently and were told if someone does a search on your record it will NOT show up BUT it WILL/MIGHT show up if the record check is done by law enforcement. I assume law enformcent also includes INS???? Our question is that will he be arrestd when he registers and deported? Don't they do background check during EVERY registration process? If you have any idea, please help and answer thse concerns. Thankyou ALL.

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    • #3
      Did you do concurrent filing? If you did just bring with you the receipts you got from them esp. I-485 (AOS) because this will give him a legal status while his AOS is pending. You don't have to worry about it because his status is okey.

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      • #4
        Well what we are concerned about is the issue of the felony charge from 5 yrs back that is on his record even though expunged. Would they not arrest him based on that when they do criminal background check? I understand he is instatus but they can arrest him coz of the criminal backgorund check..correct?>Thank you.

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        • #5
          If it was "just" a charge, he shouldn't have anything to worry about. What you may want to worry about is if it constitutes a "conviction for immigration purposes".

          In my humble opnion, if it was "expunged" in a state court, it usually remains a conviction for federal ( => INS) purposes.

          If you find it confirmed to be a conviction, find out if it is an "aggravaed felony" (usually anything that can be punished with more than 364 days (probation etc. included is).

          I believe the special registeration has been just repealed in the senate (I don't know though if that law has been passed yet). Consult a good criminal as well as immigration attorney!

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          • #6
            Yes like i mentioned he was convicted of it after being charged thus the fine and probatition for 2 yrs. IT was an aggrevated felony so does this mean he will be deported when we go for registration or AOS interview? Is this the end for our marriage since if he gets deported even though he is married to a USC?
            Please let me know. Thanks.

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            • #7
              What was he convicted about? I think he will be deportable once he registers, if not there is a good chance that his AOS will be denied.

              Like advised before, talk with a good lawyer.

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              • #8
                Felonies are NEVER expunged. It is 100% sure he'll get arrested, detained, and probably deported. Don't play with the fire!

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                • #9
                  two years of probation is an aggravated felony for immigration purposes. An aggravated felon does not qualify for naturalization and hence a non-permanent "alien" resident can't adjudicate to permanent resident with such a history. A few "exceptions" exist to that which I have exhumed ad nauseum!

                  As it stands, it looks like your spouse is removable from the U.S. (probably even without the conviction he may be, I don't know what his/her status currently is).

                  Interresting is though, why he wasn't removed right after the court proceedings? (since it's only 5 yrs. ago and a general "detaintion hold" has been applied on anybody who is, or becomes removable via such criminal convictions since ca. 1996/97 (?)

                  Consult a good attorney! In my humble opinion, as the law stands currently, s/he would not qualify for a "chancelation of removal" unless s/he has a "first offender substance abuse" conviction, or qualifies for a vacating of her/his conviction due to a plea bargain s/he made before the law changes. Good luck!

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                  • #10
                    maximum penalty 1 year in jail, maximum probation 2 years,

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                    • #11
                      States punish the same crime(s) differently. Some on this board forget that's the case and that there isn't always a blanket rule. It may even go so far as to show a certain crime as a misdemeanor in one state and a felony in the other. That's why it's important to know what the crime was and the state where it was committed. Also what the sentencing was (even if suspended)... so you may want to add more information to your question.

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                      • #12
                        What Constitutes Aggravated Felony?

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                        • #13
                          Thanks for your responses so far. I have no idea why he wasn't removed as it really never came up in the court proceedings whether he is a US citizen or not since he looks and speaks like a USC so NO idea. Anyway, the records we got from the court house are stamped and signed by the judge for the "Records to be expunged under the first offender act". It was related to insurance fraud while he was in college about 5 yrs back.

                          So he has no way out even though it was expunged and it has been 5 yrs back?

                          Comment


                          • #14
                            The most common fraud schemes involve automobile property and automobile accidents.

                            Automobile Property
                            -------------------

                            This type of fraud most often involves dishonest auto body and repair shops and/or insureds who may employ a variety of illegal or questionable techniques including:

                            - Reporting parts of vehicles as damaged or lost when in fact they were not damaged or lost prior to the shop receiving the vehicle
                            - Charging an excessive final cost as compared to the original estimate of damage
                            - Listing charges for repairs on the billing statement that were not authorized
                            - Billing and charging for original manufacture parts when after-market or salvaged parts from junkyards were used
                            - Billing and charging for original manufacture parts when pounding out dents or using bondo for repairs
                            - Reporting vehicles as stolen or vandalized falsely in order to collect insurance monies

                            Consumer should carefully review all paperwork from auto body repair shops in order to protect against potential fraud. Be also cautious of any auto body or repair facility that makes referrals to medical or legal offices. This practice may be an indicator of "capping."

                            Automobile Accidents
                            --------------------

                            Automobile fraud often involves organized auto accident rings. Staged auto accidents, which are not accidents at all, follow several basic schemes including:

                            - Stopping suddenly for no apparent reason
                            - Disregarding the right-of-way intentionally
                            - Giving up the right-of-way purposely in order to cause an accident
                            - Reporting passengers who were not in the vehicle at the time of the accident
                            - Listing witnesses who were not at the scene of the accident
                            - Claiming excessive bodily injury as compared to vehicle damage

                            It is also common for staged auto accidents to involve drivers who have temporary vehicle registration, vehicles that have prior damage from other "accidents," and attorneys who contact accident victims without being solicited.

                            Have been in an auto accident? Be cautious of any unsolicited referral to a body shop, law office, or medical office. Organized accident rings and cappers actively solicit others in the community to participate in the creation of accidents. Often these accidents only exist on paper (referred to as paper accidents), and no innocent parties are involved. Paper accidents have gained popularity among fraud perpetrators, as they are less dangerous from a bodily injury standpoint, and there is less likelihood of police involvement.

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                            • #15
                              No it's not automobile insurance fraud.

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