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

  1. #1
    Guest
    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. #2
    Guest
    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.

  3. #3
    Guest
    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.

  4. #4
    Guest
    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.

  5. #5
    Guest
    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!

  6. #6
    Guest
    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.

  7. #7
    Guest
    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.

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

  9. #9
    Guest
    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!

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

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