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Arrested but never charged (Moral Turptitude)

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  • Arrested but never charged (Moral Turptitude)

    Hi,

    I want to marry a currently undocumented person from Mexico. He had some issues in the past. Apparently in 2002 after 9/11 he was so despondent about seeing his family he foolishly applied for a US passport. He was caught and arrested. He was released though - and never charged with the crime.

    Is there ANY possibility of him ever becoming legal here? I want to marry him, and if I have to I will move to another country to be with him.

    Also, is there a way that we can check if there was a record of this arrest?

    Please - any help is GREATLY appreciated. Thanks for understanding. We both know that what he did was completely wrong.

  • #2
    Hi,

    I want to marry a currently undocumented person from Mexico. He had some issues in the past. Apparently in 2002 after 9/11 he was so despondent about seeing his family he foolishly applied for a US passport. He was caught and arrested. He was released though - and never charged with the crime.

    Is there ANY possibility of him ever becoming legal here? I want to marry him, and if I have to I will move to another country to be with him.

    Also, is there a way that we can check if there was a record of this arrest?

    Please - any help is GREATLY appreciated. Thanks for understanding. We both know that what he did was completely wrong.

    Comment


    • #3
      I'm just stunned that an illegal alien commits a serious illegal act...and not only was he not thrown in jail and deported, but he was released and allowed to remain here.

      I'm neither a lawyer, nor an expert on immigration law, but I believe that your boyfriend will NEVER be able to legalize his status here. He made a false claim to being a U.S. Citizen, and it is my understanding that he is permanently inadmissible (as he should be).

      Comment


      • #4
        If thats what he did and there's proof of the crime and arrest, then like SunDevilUSA said, he will never be able to immigrate/legalized.
        Getting the necessary information will depend on who arrested him. If local law enforcement, check with the local county clerk or sherrif office. If its federal agent, you can try the Freedom of Information Act.

        Comment


        • #5
          I'm neither a lawyer, nor an expert on immigration law, but I believe that your boyfriend will NEVER be able to legalize his status here. He made a false claim to being a U.S. Citizen, and it is my understanding that he is permanently inadmissible (as he should be).
          Thanks for your condemnation and judgement. Next time I guess I'll have to spell out that responses like yours were not what I need.

          We understand what we did was wrong and don't need someone who I'm SURE has their OWN problems to judge anyone else.

          Any LEGAL advice is greatly appreciated.

          Comment


          • #6
            Looking,
            You asked for advice and that's what people are giving, to the best of their knowledge. There are very few (if any) immigration attorneys who post on this board. I'm not sure where in the law it states this but I've always heard that the false claim to citizenship resulted in a permanent bar. If you think about it, it is a very serious claim. If he is undocumented then the only way that I know of that he can adjust status is to go through process and file the I-601 waiver for which he will have to leave the country until it is processed. There are a lot of posts on similar situations on this board. There is also a community of people going through the I-601 process at www.immigrate2us.net. It does sound very strange that he was released and not charged.... and at some point you would have to look into it if he files for aos.

            Comment


            • #7
              "Looking" your problem is that you don't want to hear the truth. SunDevilUSA told you how it is. Your a s s h o l e boyfriend, and lets face it, he's a complete a s s h o l e for what he did, hasn't a chance in h e l l of EVER being legal in this country.There is more chance of Michael getting laid or Maria growing a second braincell than your donkey getting a green card after what he did.

              It is true that not many immigration lawyers post on this site but by all means contact one and waste your money because he / she will tell you the same thing.........you have only 2 choices......move to mexico or move on

              Comment


              • #8
                Contact a criminal defence attorney and check the police records where he was arrested and if there was a case registered against him it is better to get it off. If there was no charges then the police report will show only the h/o arrest only and then you may not need to worry about. It is better to contact a lawyer.

                Comment


                • #9
                  If LookingForNICEANSWERSONLY's boyfrind was arrested, then he must acknowledge this fact on any application for Permanent Residence. Furthermore, given that he illegally applied for a Federal document (a U.S. passport), it seems likely that it was a federal law-enforcement agency that made the arrest. In any event, it is my understanding that all arrests are reported to the National Crime Database.

                  When the boyfriend is called for his Adjustment of Status interview, he will be asked about his arrest record. Once he explains that he tried to become a U.S. Citizen without the help and assistance of the very nice people at USCIS...the very people conducting his interview...it seems to me that they will happily provide him a one-way ticket home.

                  Comment


                  • #10
                    Looking, based on what you've written here, your boyfried is barred. The previous posters are correct in that by applying for a US passport, he made a false claim to US citizenship. Have your boyfriend consult an immigration attorney in your area to see about the possibility of getting a waiver of the bar. If he can't afford to consult a private immigration attorney, find out if there are any organizations in your area that offer free and/or reduced-fee legal services to immigrants. Try Catholic Charities and the YMCA, as those are two of the organizations that provide these services in my area.

                    Comment


                    • #11
                      I don't believe that there is any waiver available

                      Comment


                      • #12
                        lookingforanswers, the people on this site are totally wrong. firstly, if he never got charged and convicted it can never be used against him.
                        secondly, even if he did get charged and convicted there are still ways around it. u just have to be ready to spend money for a good attorney. i can tell u this for a fact because i know someone that was arrested and convicted of having not one but two u.s passports and today he is a citizen.

                        Comment


                        • #13
                          Any person is innocent until proven guilty by the court of law in most of the countrys of the world including USA. I dont know which country Mr. SomeOne 12 lives or which congress is he talking about. Please dont get discouraged, get a good lawyer and hopefully everything will be ok. You have to spend some money.

                          Comment


                          • #14
                            Someone12 is correct, I believe. An actual conviction is not necessary to make a person who makes a false claim to U.S. Citizenship permanently inadmissible. The false claim by itself is sufficient, and no waiver is available.

                            RajuD: Why are you encouraging this guy who made a false claim to U.S. Citizenship? If I'm not mistaken, you recently became a Permanent Resident after a long strugggle through the bureaucracy...and will wait five years to apply for Citizenship. Why would you give aid and comfort to this law breaker who decided to (unsuccessfully) ignore the rules and jump the line? I'm disappointed that you don't value America and its citizenship more highly.

                            Comment


                            • #15
                              SunDevil, Sometimes people are innocent, they dont know what they are getting into with someone else's influence. A good lawyer may help

                              Comment

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