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Do they do criminal background checks on ALL SPECIAL reigstration cases? Mohan? Anyone?

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  • #16
    Guest, Thanks for your suggestion. In my applicaion I did not disclose it however I did not break the law either. Here is why. According to the judge/court house, under first offender act when record is expunged, you and LEGALLY answer to the question as NO if asked you ever been charged/arrestd with a felony.

    I have already submitted papers..I guess I am still screwed since INS WILL find that on record ornot?



    • #17
      Dear Uzbek: you totally correct about that. I asked lawyesr myself and some of them (not immigration lawyers) were shocked to know that you have to disclose it to the INS. However, ins forms are the only ones that require to disclose all the information. I do not know what to do in your case. One thing may be sending the court letter about expungement to the ins,. but may be you can consult the lawyer before that. What forms did you send to the ins?


      • #18
        Guest, I submitted all the forms via an attorney for EAD, AOS etc. etc. I did not tell the attorney about the expunged record and did not disclose it on INS forms as BY LAW first offender act permits you NOT to disclose it. Ofcourse, INS might not think that way but what I did was "WITHIN" the law from what I understand. IF I do tell INS, I am screwed, IF I don't atleast I stayed WITHIN the law by not disclossing. Correct? What would your or anyones advice be? By disclosing your are screwed anyway.


        • #19
          I guess the MOST IMPORTANT question is whether it WILL or WILL NOT show up when INS does a background check? IF it does, then I simply have to tell them as what I did was "WITHIN" the law under first offender act. Anyone with suggestions inputs? Thank you ALL>


          • #20
            Rehabilative expungements have no effect for immigration purposes, meaning that aliens have to disclose them to immigration related officials (such as the INS, Borderpatrol, immigration judges etc.).

            If an alien doesn't disclose that information, then it may be considered yet another offense that the INS may use to deny a petition or initiate removal if the conviction is a qualifying one).


            • #21
              Can any one tell me what does BATTERY AM means in my FBI record.Will it affect my special registraion process??


              • #22
                Hanbal, thanks for yoour input. However, the problem is that i was not aware of that and did NOT disclose that on my paper work that my attorney filed. Even my attorney does not know of it. SO the question is, how do I correct that or just wait till the interview and tell them? It was a felony thus makes it a "deportable crime" I guess so what can I do now as paper work has already been files? Thanks.


                • #23
                  to Uzbek:
                  I really don't know! A felony conviction may most certainly initiate removal proceedings and I would suggest to retain an attorney to make sure that you're not unlawfully detained at your interview.

                  To Hilo:
                  -battery is the (verbal or gestical) threat of physical force
                  - assault is the actual physical contact (just a simple touch in a threathing manner may be an assault just as much as a severe beating with a deadly weapon), so it depends on the degree of its seriousness


                  • #24
                    you may need a background check to get your entry visa to the USA and to establish your immigration status.

                    U.S. Department of Homeland Security
                    Fact Sheet
                    April 25, 2006

                    Immigration Security Checks"”How and Why the Process Works


                    All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.

                    Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.

                    USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.

                    Why USCIS Conducts Security Checks

                    USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, *** crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

                    How Immigration Security Checks Work

                    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

                    "¢ The Interagency Border Inspection System (IBIS) Name Check"” IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

                    "¢ FBI Fingerprint Check"”FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

                    "¢ FBI Name Checks"”FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal , personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.


                    • #25
                      Uzbek - it's a very serious mistake that you have not disclosed your arrest and all attending circumstances. If the USCIS catches it, even years from now you may be deported. I would advise you to talk to an attorney as soon as possible and do your best to correct this information. Don't wait for the interview - you may arrested right there. I am aware of one case where an applicant for citizenship did not disclose his felony conviction (even though it was later dropped - as "deferred judgment) and he received his citizenship without a problem. However, several months later it was revoked and it required a great deal of money and legal gymnastics to reverse the revocation. That was several years ago and the climate has changed. I'm not sure he would be so lucky today.

                      He was also told by his lawyer and the judge in his felony case that he doesn't have to disclose this to anyone - and look what happened.

                      Don't delay.

                      Good luck.


                      • #26

                        this thread is almost 4 years old. whenever u see < name> this is the way it used to be for the poster of thread and you know most likely it is at least more than 3 yrs old.

                        I dont know why this sanchez pulled up this thread....hmmm its curious


                        • #27
                          I'm blushing 4now. I've only looked at santoz's post date.


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