Background Check

[Ayanna31]

If someone was charged for two minor offences in his home country but he was never convicted and the cases dismissed. Will they be able to get a green card or will they be turned down because of these offences?

[Ayanna31]

If someone was charged for two minor offences in his home country but he was never convicted and the cases dismissed. Will they be able to get a green card or will they be turned down because of these offences?

[Sprint_girl07]

B umping this thread up

[speed_025]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If someone was charged for two minor offences in his home country but he was never convicted and the cases dismissed. Will they be able to get a green card or will they be turned down because of these offences? </div></BLOCKQUOTE>

Hi there Ayanna31,

It depends on the police report and FBI clearance your country will give you.
If your record is cleared because you said they are minor cases.. I guess nothing to worry
about.

[Ayanna31]

Thanks for ***ping up my thread I thought i would never get an answer.

I am finding out this info for my cousin, he is still in his home country but his brother who is a U.S. citizen wants file for him. One of the charges were for writing a bad cheque and the other was for giving someone a letter stating that they were employed at his company when they were not. what do you all think?

[bluebrightsky]

Which country he is from.

To me it sounds like those happened here because most of the other country's those things are even not a issue to start with and forget about going into record.

[Jeanine]

blue: that was my first reaction as well...since all the foreigns I've ever known from elementary school used to tell me that they don't even have such a thing as a cheque....I always thought this is an american thing...I guess I was wrong...:/

[Ayanna31]

He is from Barbados and those incidents happened there. He has a 10year visitors visa which he only use to come to the U.S. on vacation he has never overstayed his time. What do you all think?

[SunDevilUSA]

If your cousin was arrested for these incidents, even if he wasn't convicted, he will have to disclose them to the American Consulate on his application. Personally, I think that they're a little more serious than you think that they are...at least from an immigration perspective.

I believe that both speak to moral character...or, more accurately, immoral character! He may be denied on those grounds.

...and, in America, cheque is spelled check!

[Ayanna31]

Anyone else with any ideas?

[bhoffman]

AYANNA31:
THERE ARE A few categories of crimes that if committed in the United States will either preclude someone from Permanent Residency and subject him to Removal, or will subject a Permanent Resident to Removal Proceedings; the euphemism for the old deportation proceedings.

Also, U.S. immigration bases its decisions on Final Adjudication and Conviction and not merely on arrest records, especially ones that have taken place in another country. For example; I.C.E. will aggregate two misdemeanor drug possession (not including marijuana, less than 30 grams for personal use) to be an Aggravated Felony and deport the offending individual. Another category of offenses that I.C.E. will remove non-U.S. Citizens for commiting, are those considered to be of Moral Turpitude; things like money laundering; tax evasion; domestic violence, etc.

You can Jay walk or get a littering ticket and still be fine, but just no more!!! As things stand, you have nothing to be concerned about.

[Ayanna31]

Thanks for the advice bhoffman. But could you tell me how the immigration process may be for him with this record?

[bhoffman]

AYANNA31:

FROM WHAT I gather from your previous posts in this thread, this person has a 10-year, multiple visa which he uses for visits to the U.S.!

THE BRUSH WITH law in his native Barbados should not affect his current status in any shape or form, because he was not convicted of any crime and even if he was, as long as it was not a FELONY, he will still keep the visa priviliges. FELONY is definitely a bar to obtainig a U.S. visa and some countries will not even issue a passport to someone with a FELONY CONVICTION.

THIS INCIDENT AND all related records will probably not even show up on the Barbados's radars and the U.S. has no reason at this time to delve into his background.

HE CAN HAVE a relatively low-key misdemeanor conviction here in the U.S. and it will still not affect his status.

NOT A CAUSE for alarm by a long shot!

[Ayanna31]

Thanks bhoffman but I sent you a PM. Could you please PM me and respond to it. You seem very knowledgeable. I appreciate all your advice because i don't want to guide my cousin wrong.