Immigration Interview: Secret Criminal History



When applying for Green Card status and you are preparing for your interview and you have been arrested, ticketed, convicted or have any criminal history at all here is what to do.
Script:
Hi my name is Neal Datta and I’m an immigration attorney here in New York City. Today I want to talk a little bit about the process of applying for your Green Card. Where you are going to be going to an interview, but you have been arrested. Either you have gotten a ticket, you have been given a citation, you have been convicted, have done hard time, or whatever it is that might have happened to you. The most important thing to remember is do not think they don’t know about your criminal record, they do. I can’t tell you how many times I have had clients who have come to me after having filed their applications either on their own or through another attorney and said, “Well when I went to my interview they asked me if I have ever been arrested. And I said no. But I had been arrested. And then they found out.”
And people naturally are maybe ashamed of what happened. They of course may regret it, and they certainly feel bad about what happened, and they are not proud of it. And so it is almost impossible that you’re going to slip through without them discovering that you have been arrested.
Now I have got several clients who actually did get away with lying and getting their Green Card. So there they were happy healthy wealthy and wise, traveling back and forth, having families, living, buying houses and then one day after returning from a sojourn abroad, they were stopped because finally what they had done popped-up. It got sucked up into the computer system and they put 2 and 2 together and then they got a problem. They’ve been arrested they’ve been detained and now they are trying to take away their Green Card.
Just because you have been arrested or cited with an offence or taken to the police station one day in handcuffs and they let you go. You have to reveal it. Ok and do not worry.
Very often, the mere fact that you have been arrested or even convicted of a crime is not a basis for denying your Green Card. In other words even if you have been convicted of certain crimes, you still can get your Green Card. The key, however, is that you tell the truth. If you’ve been convicted of a crime, arrested, cited or given a violation before you apply for your Green Card. Before you go to an interview you need to sit down with an experienced immigration attorney. You need to have somebody look at the conviction, look at the record and try to determine whether or not your particular situation will render you subject for deportation or not.
There are certain offenses that even if you are convicted will not prevent you from still obtaining your Green Card. An example of those might be shoplifting, simple assault, reckless driving, even drunk driving is not a basis to refuse your Green Card statutorily.
Again, as I said, people often make the same mistake and they think they are able to get away with it, and they won’t. So I guess the lesson is for today is you if have any type of criminal history or have had any type of contact with law enforcement, that you reach out and consult with a competent immigration attorney prior to filling anything with Immigration. Maybe, that even if you have a criminal record you are going to be OK. You are going to be able to go forward and get your Green Card as long as you tell the truth disclose what happened, provide a certified disposition of arrest and then try to say what has changed in your life. Why you are rehabilitated and why it is that you are not the same guy you were when that happened. And you can move forward with your life.
Again if you guys have any question or need any further information, feel free to send us an email here. We try to answer as many emails as we can. And if you’d like you can also make an appointment and come on down to the office.
So I hope this has been helpful and come back next time we’ll try to give you some more information.

www.usinslawyer.com
212-358-9690

source

33 thoughts on “Immigration Interview: Secret Criminal History”

  1. Celebrity Poll says:

    Hi, about naturalization, should i disclosed my traffic violation on N 400 application?

  2. Abel says:

    wise words thank you

  3. Wilhelm Straube says:

    former INS issued an "OSC" dated Oct 19,1988 and filed it in San Francisco Immigration Court Feb 27,1991 initiating deportation proceedings under INA 242, without any valid charges of deportation and based on allegations without evidence showing a violation of INA 241(a)(4) CMT or no charge for INA 241(a)(2) EWI in 1976. and which stated I had entered the country in 1976 at the age of 9, a minor and that I was from Guatemala. File A27-623-342.,  See Woodby,385 U.S. 276,286 fn.19(1966), 8 C.F.R.1240.40-70, 46(a). my E mail is [email protected]  (562)415-8248   on Feb 25,1991 I registered in nationwide class action settlement titled ABC,760 F.Supp.796 (N.D.Cal.1991) and the court administratively closed such proceedings allowing for TPS and work authorization and remained in the U.S. in 2004 after sixteen years later, DHS recalendared/resumed such proceedings pursuant to ABC, and for determination of deportation pursuant to 8 C.F.R.1240.40-70.and after DHS evidence relevant to the charge concluded/proved not showing a violation of the only charge in the OSC under INA 241(a)(4)CMT.  and no notice of or charge for EWI under INA 241(a)(2). the court assuming it had not lost JURISDICTION under INA 242, 8 C.F.R.3.13,14 See Woodby,385 U.S. 276,286 at fn.19(1966), the court in El Centro, Ca. Jack W. Staton., allowed the DHS counsel to lodge the charge under the OSC supposedly under INA 241(a)(2) for the first time. but instead DHS served me notice on July 15,2004 on a paper of the new charge INA 241(a)(1)(B) unlawful presence/presence in violation of immigration law. TITLED HEADING: IN REMOVAL PROCEEDINGS UNDER INA 240, IN A DEPORTATION PROCEEDING PRIOR TO APRIL 1,1997 and on July 22,2004 hearing my attorney conceded my guilt/removal under said charge and the judge found true and convincing evidence and entered/issued order of removal against me based on 8 C.F.R.1240.8, (1-39).,  without issuing or filing a NTA or jurisdiction under INA 240, pursuant to 8 C.F.R.3.13,14  and after 36 some years in the U.S. unlawfully removed and brought to Guatemala. See below facts   U.S. CITIZEN PARENTS                                                                    
     both his parents have naturalized
    U.S. citizens, along with most of all his other closest relatives and who
    reside in the U.S., He also continues to be the only unmarried son to U.S.
    Citizens to this day at 49 years of age and was unlawfully removed from the
    U.S. on Feb 12,2013 at the age of 46, by the new DHS and brought back to
    Guatemala.

       CONTINUOUS
    PRESENCE IN THE U.S.

    The Petitioner had resided
    for some 36 some years in the U.S. and during all those years, had not only attended
    many schools within the district of Los Angeles Ca. from elementary, onto High
    school and turned 18 years of age on July 12,1985 and obtained his valid Ca.
    Driver’s license C-5977011, without restrictions to this day. See Exh. 1. but kept or encouraged to
    remain in the U.S. by the laws, for example below.                                      
       
    RELIEF FROM DEPORTATION
    INA §244, his
    only hope of staying in this country was to obtain a form of discretionary relief, from deportation “ORDER”
    commonly known as §244(a)(2) of the INA, which was then available under U.S.
    immigration law. Section 244(a)(2), which until 1997 IIRAIRA has since been
    repealed, reads in relevant part:[T]he Attorney General may,
    in his discretion, suspend deportation and adjust the status to that of an alien
    lawfully admitted for permanent residence, in the case of an alien … who … has been physically present in the
    United States for a continuous period of not less than ten years
    immediately following the commission
    of an act … constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral
    character; and is a person whose
    deportation would, in the opinion of the Attorney General, result in exceptional and extremely
    unusual hardship to the alien or to his spouse, parent, or child, who is a
    citizen of the United States or an alien lawfully admitted for permanent
    residence.8 U.S.C.§1254 (a)(2) (1988) (repealed by Pub.L. 104-208, § 304(b), 100 Stat. 3009-597 (1996),and
    In 1991 § 244(a)(1) of the Immigration and Nationality Act (Act), 66
    Stat. 214, as amended, 8 U. S. C. § 1254(a)(1), Congress provided that the
    Attorney General in his discretion may
    suspend deportation and adjust the
    status of an otherwise deportable
    alien who (1) "has been physically present in the United States for a
    continuous period of not less than seven
    years"; (2) "is a person of good moral character"; and (3)
    is "a person whose deportation would, in the opinion of the Attorney
    General, result in extreme hardship to the alien or to his spouse, parent, or
    child . . . ."
        
    UNITED STATE’S CONSTITUTION                                                           
    the 14th Amendment to the U.S. Constitution had encouraged his
    presence in order to naturalize. as it states All persons born or “naturalized” in the
    United States, and subject to the jurisdiction thereof, are citizens of the
    United States and of the state wherein they reside. No state shall make or
    enforce any law which shall abridge the privileges or immunities of citizens of
    the United States; nor shall any state
    deprive any person of life, liberty, or property, without due process of law;
    nor deny to any person within its jurisdiction the equal protection of the laws.

    on Feb 1991 The petitioner had registered in a nationwide class action settlement
    titled ABC,760 F.Supp.796 (N.D.Cal.1991) in which the immigration Court
    administratively closed the deportation proceedings and granted him TPS and
    work authorization until either party DHS or the petitioner recalendared the
    proceedings and which was not done until May 2004 and by that time NACARA 203
    See 8 C.F.R.1240.56-70 had further encouraged his presence of remaining or to
    become legalized in the U.S. and in light that the “OSC” was not pointing out
    any valid charge upon which he would be found deportable.                       

        THE AGENCY                                                                              
    On or about December 1987 and Feb 1988 The service former INS/ICE, U.S. Government,
    following conviction in a Los Angeles, Ca. Superior Court of the petitioner of
    three counts of Burglary dated Oct 20,1987
    Case No:A640286, conducted a legal interview while in state’s custody of
    petitioner into his legal status in the U.S. and collection of evidence for possible initiation of deportation “PROCEEDINGS” in Immigration Court.                                       
    DUE PROCESS required the federal agency to prove a violation of the INA Section
    241(a)(4)that section required that there be evidence of a crime constituting or
    categorized as bad moral character committed or convicted within 5 years of entry or that there be two crimes by separate trials committed or
    convicted after 5 years from entry into the U.S., and the only more plausible
    “evidence” existing for valid allegations and possible deportation from the
    U.S. was his entry into the U.S. without inspection in 1976 at the age of 9
    years of age or undocumented or unnaturalized status in the U.S. was not
    prohibited, but otherwise encouraged or permitted until there be valid grounds
    or criminal evidence. See Woodby,385 U.S. 276,286 fn.19(1966), 8
    C.F.R.1240.46(a). and from 1976 to Oct 20,1987 there was no crime committed
    within 5 years of entry or two after five years from entry in violation of INA
    §241(a)(4)CMT and nor did the agents charge the petitioner with entry without
    inspection in 1976 at 9 years of age under INA§241(a)(2). AND MY PRESENCE WAS NOT UNLAWFUL NOR IN VIOLATION OF IMMIGRATION LAW FOR THE FIRST TIME SINCE 2004  ORDER REISSUED OCT 1, 2007  BECAUSE ABC AND NACARA HAD KEPT ME IN THE U.S. AND THE OSC WAS WITHOUT ANY CHARGE OF DEPORTATION  AND THE COURT WAS WITHOUT JURISDICTION UNDER 8 C.F.R.3.13,14   NO NTA UNDER INA 240 WAS ISSUED OR FILED IN ANY COURT.

  4. BeGood America says:

    This is another Piece of Shit Lawyer. Lets take one illegal alien for every American Lawyer they take. That would be a fair trade…

  5. Mario McBeatch says:

    Are there any initial consultation fees involved? Curious minds want 2 know…

  6. chigga chigga says:

    What if you are on probation

  7. Mouhssin Mandouri says:

    Alright thank you for your information I'm in Florida residence and I have green card and please I know you're from New York if you know any immigration lawyer I mean good lawyer please can give me his phone number or his information thank you appreciate for your time

  8. SMUG says:

    I'm going to save up every rupee. Someday, I will get back to America, and when I do I will exact vengeance on this man. I cannot forget him. He haunts me. He is a very bad man. He is a very very bad man.

  9. Shakel Huq says:

    I had a reckless driving on 2015 and i applied green card on 2018. But I wrongly didn’t mention in green card application. What can i do ?

  10. Ed. Rodri says:

    Hello I'm 25 ecuadorian studying in chicago. I got caught shoplifting in Target, so 1 week later I got a letter, It said I have to pay 150 dollar. Do I have to do? Can They take me to the court?

  11. Jamal Cole says:

    you can easily hire an attorney to file for expungements, but in my experience that takes quite a long time even years, and you may end up losing a lot of good employment opportunities, like i did, i finally was referred to whitehacker a couple of months ago, who i contacted and explained my criminal records, i was asked to provide some informations and make service payment, which was almost the same fee i paid my lawyer, in less than 7 working days my records were cleared and i mean it when i say cleared, it was like it was never there, am serious when i say i still run a background check to see if it will ever come back, but so far it's been permanent, i am grateful for the second chance i got and would advice get in touch with whitehacker, download ''wickr me'' from your app store, register and add up the username ''whitehacker'', and tell the hacker about what you need cleared.

  12. shafi amati says:

    NEVER lie to a federal officer – EVER !!!!!! Be upfront & honest.

  13. Crazyhands Hands says:

    Don't have a conviction ever because that goes against your qualifying for citizenship .

  14. meklistine vlog says:

    Hello,
    If u work in saudi arabia and u go home and did not come back on time but u still have the return visa,so u apply for work in same country but u get deported coz u still have the active return visa its year 2016 when the person get deported is that a criminal case?do u think it may affect the application for spousal visa in the future?

  15. Sinan S says:

    The arrested informations for this country “USA or for my country?

  16. Billy Martinez says:

    Him trying to file for my work permit. However I have been arrested and its asking me to give them a criminal record. How?

  17. Jaymes T says:

    where's the email address ?

  18. Ben Anderson says:

    I tried to clear my criminal records for years and I’m unable to get that done despite that I have spend so much money not until I met a man with WhatsApp number +1‪(707) 733‑6017‬ that help me get this done perfectly with no traces although his a busy man but he will surely deliver in less than 48hours!now I’m a free man

  19. amya Amya says:

    Thank you so much

  20. Saami Abdi says:

    My money cheat me marisagovani balisimo. Law group

  21. Saami Abdi says:

    My frends cheat like me

  22. Laura Kovacs says:

    Hello everyone i want to publicly appreciate the effort of Ben for helping me clear my criminal records, which i eventually secure my dream job after so many interviews. I know how hard is it for so many people out there to secure a job with a criminal background. I hereby introduce to you a breakthrough, you can contact him on Instagram @ben_ally11 or email [email protected] or WhatsApp +1(631) 606-2964. You can trust him 100% to deliver.

  23. 83bay7south00 says:

    what about dropped charges ?

  24. Jay Black says:

    I have terrible credit and many things in collections. I've been
    unemployed for awhile and recently got fired from a decent- paying job.
    However, everyone in Sacramento wants impeccable credit unless you're
    willing to live in the ghetto (murder lane as one neighborhood is
    affectionately called). I'm living in horrible living conditions and I
    desperately need to get out of here, but luckily for me i was refer
    to HACKBYMESSIAHORG i hired him when my credit thing is really
    holding me back. he help me remove my bad negative and pay of my debts
    of almost 120 k on my credit report. and he got me a high score of
    800Sclub on my credit report ,

  25. Jay Black says:

    I have terrible credit and many things in collections. I've been
    unemployed for awhile and recently got fired from a decent- paying job.
    However, everyone in Sacramento wants impeccable credit unless you're
    willing to live in the ghetto (murder lane as one neighborhood is
    affectionately called). I'm living in horrible living conditions and I
    desperately need to get out of here, but luckily for me i was refer
    to HACKBYMESSIAHORG i hired him when my credit thing is really
    holding me back. he help me remove my bad negative and pay of my debts
    of almost 120 k on my credit report. and he got me a high score of
    800Sclub on my credit report ,

  26. Jay Black says:

    I have terrible credit and many things in collections. I've been
    unemployed for awhile and recently got fired from a decent- paying job.
    However, everyone in Sacramento wants impeccable credit unless you're
    willing to live in the ghetto (murder lane as one neighborhood is
    affectionately called). I'm living in horrible living conditions and I
    desperately need to get out of here, but luckily for me i was refer
    to HACKBYMESSIAHORG i hired him when my credit thing is really
    holding me back. he help me remove my bad negative and pay of my debts
    of almost 120 k on my credit report. and he got me a high score of
    800Sclub on my credit report ,

  27. Jay Black says:

    I have terrible credit and many things in collections. I've been
    unemployed for awhile and recently got fired from a decent- paying job.
    However, everyone in Sacramento wants impeccable credit unless you're
    willing to live in the ghetto (murder lane as one neighborhood is
    affectionately called). I'm living in horrible living conditions and I
    desperately need to get out of here, but luckily for me i was refer
    to HACKBYMESSIAHORG i hired him when my credit thing is really
    holding me back. he help me remove my bad negative and pay of my debts
    of almost 120 k on my credit report. and he got me a high score of
    800Sclub on my credit report ,

  28. Jay Black says:

    I have terrible credit and many things in collections. I've been
    unemployed for awhile and recently got fired from a decent- paying job.
    However, everyone in Sacramento wants impeccable credit unless you're
    willing to live in the ghetto (murder lane as one neighborhood is
    affectionately called). I'm living in horrible living conditions and I
    desperately need to get out of here, but luckily for me i was refer
    to HACKBYMESSIAHORG i hired him when my credit thing is really
    holding me back. he help me remove my bad negative and pay of my debts
    of almost 120 k on my credit report. and he got me a high score of
    800Sclub on my credit report ,

  29. Martin Scott says:

    When I was younger I hated credit cards seeing my mom get into issues with it make life hard growing up in Brooklyn NY

    Until H A C K B Y M E S S IA H.O R G opened my eyes with their fantabolous service
    Wish u was this 18 years ago when I got my first 3 cards, it’s all in good place now and it all thanks to you hommie my FICO IS now 840, will apply for JETBLUE after i had inquiries fall off tomorrow morning .

  30. Martin Scott says:

    When I was younger I hated credit cards seeing my mom get into issues
    with it make life hard growing up in Brooklyn NY

    Until H A C K B Y M E S S IA H.O R G opened my eyes with their
    fantabolous service
    Wish u was this 18 years ago when I got my first 3 cards, it’s all in
    good place now and it all thanks to you hommie my FICO IS now 840, will
    apply for JETBLUE after i had inquiries fall off tomorrow morning .

  31. Martin Scott says:

    When I was younger I hated credit cards seeing my mom get into issues
    with it make life hard growing up in Brooklyn NY

    Until H A C K B Y M E S S IA H.O R G opened my eyes with their
    fantabolous service
    Wish u was this 18 years ago when I got my first 3 cards, it’s all in
    good place now and it all thanks to you hommie my FICO IS now 840, will
    apply for JETBLUE after i had inquiries fall off tomorrow morning .

  32. Martin Scott says:

    When I was younger I hated credit cards seeing my mom get into issues
    with it make life hard growing up in Brooklyn NY

    Until H A C K B Y M E S S IA H.O R G opened my eyes with their
    fantabolous service
    Wish u was this 18 years ago when I got my first 3 cards, it’s all in
    good place now and it all thanks to you hommie my FICO IS now 840, will
    apply for JETBLUE after i had inquiries fall off tomorrow morning .

  33. Martin Scott says:

    When I was younger I hated credit cards seeing my mom get into issues
    with it make life hard growing up in Brooklyn NY

    Until H A C K B Y M E S S IA H.O R G opened my eyes with their
    fantabolous service
    Wish u was this 18 years ago when I got my first 3 cards, it’s all in
    good place now and it all thanks to you hommie my FICO IS now 840, will
    apply for JETBLUE after i had inquiries fall off tomorrow morning .

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