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  • Aroha
    replied
    Yes, I know all about the FOIA. My husband and I tried to find out why my file went in to Administrative Processing for 2 months and we were given the run around for months. In the end, they stated that he wasn't eligible to be given any information from my immigration file, even though he was the petitioner and that I should make the request. By that time, I was in the US so we didn't pursue it, which I think is part of the reason why they give you the run around. I'm sure more than a few people just don't bother getting back in to the ring after the first few rounds.

    Given what the attorney you spoke to said and short of getting a second opinion, you could just go ahead and file then see what happens. She is going to have to disclose any information regarding previous arrests and convictions, so it won't take long to learn what, if any, fallout there may be.

    Leave a comment:


  • David Jordan
    replied
    Aroha,

    I appreciate everyones input here and guidance. I have spoken to an attorney, and they said we have to wait and see what is actually in her immigration file. Now, the problem with that is the Freedom of Information Act, the told me that they are 12-18 months behind on processing those requests. so it, is going to take at least another year just to find out how to proceed. Which to me, makes no sense. I would think, with a 10% unemployment rate here in the USA, that they could hire enough good quality people to process these requests in a timely manor.

    Or, how about charging an expedite fee for the people who want / need this information quicker. 12-18 months is just ridicules in my opinion..

    Leave a comment:


  • Aroha
    replied
    David, the only thing I can see in that ineligibility page regarding a limit of 5 years is in regard to convictions if the person was under the age of 18 at the time, or relating to the spouse/children of inadmissible aliens. If she was under 18, then great! Makes it nice and easy. Otherwise, remember that there is no statute of limitations when it comes to immigration. Check out Harald's thread here on the forums. He's waiting to see an immigration judge because of convictions in 66 and 73, neither of which involved drugs.

    It doesn't matter what the circumstances were. She plead guilty and that's all they're going to care about. Another member here has been fighting with immigration for years regarding a minor drug charge that she was simply fined for in her home country. She never went to court and never plead guilty. She just paid the fine and that, according to the USCIS, is enough to qualify as an admission of guilt.

    Honestly, you should talk to an immigration attorney on this one. We can go around and around here, but none of us are actual lawyers. We're just a bunch of folks who've been around the system for a long time.

    Leave a comment:


  • David Jordan
    replied
    Aroha, most of the drug ineligibility listings say within the past 5 years. Also, the standard application for a tourist visa also states if you have been arrested or convicted in the past 5 years.

    Bottom line was she was here, had no family and rented a room from someone. The DEA busted the entire house. It was a matter her of being in the wrong place at the wrong time.

    She paid her dues, she was banned for 10 years. I could really see the point if this was a violent crime, or a *** crime.

    Leave a comment:


  • Aroha
    replied
    Davdah, you're incorrect about the I-601 waiver. It's required to get around entry bars so presence in the US is not required. K-1 visa applications are also able to utilize the waiver - even though it's a non-immigrant visa, it has the exact same requirements as IR/CR visas and the beneficiary is considered, for all intents and purposes, an immediate relative. On top of that, the grounds are pretty broad on what constitutes hardship so they're not really that difficult to gain under normal circumstances.

    David, check the link below for more info on that waiver and also take a look at the pages linked off it relating to classes of aliens ineligible to receive visas, particularly Section 2. It is that drug conviction that will require the use of the waiver. From Tak's reply, I'm not sure he read everything relating to the extenuating circumstances. It would be as simple as he said if it weren't for that.

    http://www.familybasedimmigrat...om/forum/waivers.php

    Leave a comment:


  • David Jordan
    replied
    Tak, thanks for the reply. Actually when she was deported (over 10 years ago) they told her that she could come back in 10 years.

    your post is the most positive that I have heard, have you been through this before?

    Leave a comment:


  • David Jordan
    replied
    davdah, thank you for the reply. So in your opinion if we were married would we have a better chance of getting married. Also, i dohave major medical conditions, and I would definitely want her to be here for treatment.

    Does the FBI and USCIS both utilize the same database for criminal records?

    Leave a comment:


  • Tak
    replied
    David:

    Your GF was barred for 10 years, which she has already completed. Therefore, you can file her fiancée petition by filing I-129F. You should explain her former situation when writing answer to question 18, use additional; sheets and provide USCIS information accurately and as much as possible. I do not see any reason that she will not be approved.

    Good luck.

    Leave a comment:


  • Aroha
    replied
    You're not eligible for DCF anymore, David. You can only utilize it if you've been legally living in another country for more than 6 months. Going back to Panama as a tourist just to file there wouldn't work, unfortunately.

    Because she's outside the US and has to go through Consular Processing, her denial won't happen (as you know) until the interview. Even without the complication of the criminal conviction, you would need to go through the waiver process (both I-601 for the overstay and I-221 for the removal). That will all be adjudicated at the Consulate, so odds are there won't be any options to get before a judge.

    My advice to you is once you find out the exact nature of those charges, you should retain the services of a reputable immigration attorney (possibly even before as they may have access to more tools to find out the information you need). They will be able to advise you far better than we can regarding your options.

    Leave a comment:


  • David Jordan
    replied
    Aroha, thanks for that clarification. Is is better to do DCF filing in my case? or would i be better off filing where we can actually get in front of a court and plead our case?

    in her case it was a matter of being in the wrong place at the wrong time, regardless she pled guilty to the charges, therefore we wont try to hide anything from them we will be honest.

    Leave a comment:


  • Aroha
    replied
    DCF is the Direct Consular Filing that I mentioned earlier. What it means is that if you're legally living in another country you can file directly at the Consulate rather than go through the USCIS and NVC in the US.

    In regards to the detention center, there were two things that were going on with her at the time - the criminal charges and the fact she was illegally in the US. Each of these things make her subject to deportation and don't need to occur together, so even if she didn't have any charges she would have been placed in to removal proceedings had she been caught. It's really just semantics.

    There is no statute of limitations when it comes to immigration. People can and have been deported for misdemeanors involving CMT (Crimes of Moral Turpitude) years after the fact. You don't even necessarily need to have been found guilty of a crime - they don't ask about convictions, they ask about arrests. If it was a CMT, they go by how many years in jail you could have gotten, not how many you got. They really are a law unto themselves and just to put it in perspective, they request police certificates from every place the potential immigrant has lived since age 16. I was almost 37 when I immigrated, so they went back almost 21 years.

    It is possible, but unlikely, that her records got lost. Even if you do get lucky and can't find the arrest records, it's likely it will be in a file somewhere, quite likely with immigration themselves - remember the multiple databases I mentioned? So you face a double-edged sword there. If you can't find the records yourself and decide to omit what happened, there will be serious consequences should it come to light.

    Her Alien number should be in her records somewhere and would be on every piece of correspondence she's received from them. If she can't find it, she is going to have to request that information herself. Due to privacy laws, you wouldn't be able to obtain it yourself.

    Leave a comment:


  • David Jordan
    replied
    Aroha, thanks for your advice. What is DCF? I did speak to the last detention center that was holding her and they said they turned her over to immigration because she overstayed her visa. They said it had nothing to do with drug charges. what do you think about the following:

    1. maybe there is a statue of limitations?
    2. Maybe her record got lost in the shuffle?

    P.S. on a side note, how can i go about getting her Alien Number?

    Leave a comment:


  • Aroha
    replied
    If you're in the US then DCF is definitely out, which is a pity. Expedited processing will be near impossible as well, unfortunately. In this situation, K-1 would definitely be your fastest option.

    As to the charges, if it was conspiracy to distribute you are facing an uphill battle. Drug-related offenses are bad enough but when they're to do with trafficking or distribution, it's next to impossible and you will probably find she is not eligible to apply for a waiver. Your only real hope in that case would be to consider moving to Panama yourself.

    All you can do now is hope that the FBI check will yield something and it won't be that serious. You should know that even if you have no luck finding anything with a peripheral background check, the checks the USCIS do are extremely in depth and cover several national databases. If there is something there, they will find it.

    On a personal note, it's best not to feed the trolls. Just put them on ignore like the rest of us sane folk have

    Leave a comment:


  • David Jordan
    replied
    Michael, shut up.... it amazes me how retarded some people are.

    Leave a comment:


  • SonofMichael
    replied
    The difference between me and the dirtbags (one of the many difference I should say) is that they want Americans dead. I want America's enemies to be dead. So they can complain all they want about my comments but these people pray to allah every night praying for America's destruction. This is what we are dealing with here.

    Leave a comment:

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