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Thread: Possible USCIS implication?

  1. #1
    I've heard many-a-time here that expungements mean nothing to USCIS. However, what if an USCIS-officer denying a waiver states in writing "absent evidence that the conviction has been retracted or otherwise formally set aside by the authorities so empowered we must find the applicant excludible...."!

    Doesn't that mean they must honor what their own have stated?

    What are your thoughts on that?

    Hudson, any clues on such?
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  2. #2
    I've heard many-a-time here that expungements mean nothing to USCIS. However, what if an USCIS-officer denying a waiver states in writing "absent evidence that the conviction has been retracted or otherwise formally set aside by the authorities so empowered we must find the applicant excludible...."!

    Doesn't that mean they must honor what their own have stated?

    What are your thoughts on that?

    Hudson, any clues on such?
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  3. #3
    The USCIS does not necessarily follow the law.
    This is because they have done away with judicial intervention. Nobody is policing the police.

    So, in your case expect the unexpected, then be prepared for a surprise.

  4. #4
    You are very angry at USCIS.

    See, I do believe in justice and I am sure that things will be sorted out. I am willing to go all the way to the Supreme Court if I have to, plus get the German authorities involved if necessary. It's the natural order of things, everyone has to answer to someone. It is up to you to let them get away with it by not going all the way.

    I am stubborn always have been. I am a Capricorn, slow steady, sure-footed and determined. I'll get up that mountain eventually.
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  5. #5
    Member
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    If a court vacates a conviction (regardless of how long that conviction was) then USCIS would have no ground whatsover to find an alien inadmissible/deportable based on the previous conviction. Just to know- to vacate a judgement is not expungement/sealing.

    Further, as to what constitutes a conviction in immigration term for immigration purpose is different than what it's in a criminal court. Thus, admission of committing a crime by the alien itself without proving guilty or without any evidence or even without any record DOES constitute a conviction in immigration laws. Thus, if an alien admits committing a crime then USCIS would take his/her words alone to determine alien's eligibility in accordance with immigration laws.

    Although passage of time since crime was committed is very important for USCIS to determine whether alien has been rehabiliated or not...which is normally 10-15 years at most, but as I said previously that most drug related convictions are normally exempted from this kind of discretionary authority to grant the application. However, IJs can excerise their discretionary power in this kind of situation when drug related conviction was a long before along with other favorable factors in the case to grant/approve a case.

    Good luck....

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kollerkrot:
    what if an USCIS-officer denying a waiver states in writing "absent evidence that the conviction has been retracted or otherwise formally set aside by the authorities so empowered we must find the applicant excludible...."!

    Doesn't that mean they must honor what their own have stated?

    What are your thoughts on that?

    Hudson, any clues on such? </div></BLOCKQUOTE>

  6. #6
    Unique,

    You Said Something Real! Who Is Policing The Police???

    I Respect All The Responses Of Those That Hang Tight Within How It Is Suppose To Be! Unfortunately, Crossing Fingers and Toes In The Here And Now Doesn't Hurt! SAD! Not My World I Put Faith In For A Very Long Time!!! Different Now!!! Very! Very! Smart People Here. Unfortunately In The Here And Now, Get Out The Rabbits Foot, Just As secondary!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SAMMY:
    If a court vacates a conviction (regardless of how long that conviction was) then USCIS would have no ground whatsover to find an alien inadmissible/deportable based on the previous conviction. Just to know- to vacate a judgement is not expungement/sealing.

    Further, as to what constitutes a conviction in immigration term for immigration purpose is different than what it's in a criminal court. Thus, admission of committing a crime by the alien itself without proving guilty or without any evidence or even without any record DOES constitute a conviction in immigration laws. Thus, if an alien admits committing a crime then USCIS would take his/her words alone to determine alien's eligibility in accordance with immigration laws.

    Although passage of time since crime was committed is very important for USCIS to determine whether alien has been rehabiliated or not...which is normally 10-15 years at most, but as I said previously that most drug related convictions are normally exempted from this kind of discretionary authority to grant the application. However, IJs can excerise their discretionary power in this kind of situation when drug related conviction was a long before along with other favorable factors in the case to grant/approve a case.

    Good luck....

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kollerkrot:
    what if an USCIS-officer denying a waiver states in writing "absent evidence that the conviction has been retracted or otherwise formally set aside by the authorities so empowered we must find the applicant excludible...."!

    Doesn't that mean they must honor what their own have stated?

    What are your thoughts on that?

    Hudson, any clues on such? </div></BLOCKQUOTE> </div></BLOCKQUOTE>

    Thanks for your well wishes!

    See I was thinking about this today. To vacate = court action removing judgement, or nullify. In Germany we don't have expungements like the justice system here. We don't have to take any actions to seal or expunge. We have erasions! Minor convictions are erased - after a certain time. That could be viewed as a vacate, because the vacating authoritiy is the Attorney General of the Federal Court of Justice in Berlin. So, I think what I am dealing with here is definately worth arguing about.

    I just want this frea*king s*hit out of my life!
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  8. #8
    Depends on how it was expunged. If you admitted to the elements of the crime during the process, you are still removeable as the laws on removeability say either conviction or admiting or proving the essential elements of the crime.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    Depends on how it was expunged. If you admitted to the elements of the crime during the process, you are still removeable as the laws on removeability say either conviction or admiting or proving the essential elements of the crime. </div></BLOCKQUOTE>

    What do you mean - depends on how it was expunged. It is removed automatically and permanently by the authorities so empowered.
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  10. #10
    Hi Kollerkrot,

    To better know how this is likely to play out, we must know whether or not you admitted this problem while being interviewed or in writing? I fear that your problem may have been caused by you being extremely honest. You may have admitted something that would have gone unknown to the Government.

    Is this the case? If so, you may have committed immigration suicide.

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