Question for Laurel-Re: Conviction/Arrests

[katseyez]

Could you ask Laurel what the typical process is for someone with a misdemeanor attempted possession drug charge is? I read the info. she posted about referrals and wondered if the Advisory Opinion is an option for a conviction, or what if there are other arrests that ended up being non-guilty? Do the officers have the ability to see the whole record, or only convictions?? My husband has a Nov 13 interview, and I was going to try to get him an InfoPass appt., but will he automatically be referred and backlogged because of the arrests and conviction anyway??

[katseyez]

Also, we have hired a criminal atty through our immig atty who is charging $3500 to vacate my husband's conviction? Is this necessary and worth it? The process would be ongoing while my husband is in Juarez at

[Laura]

When was the conviction? Does he have any other criminal issues? I will ask Laurel, but she's not having the chat today, so I have to wait until next week.

[nineten]

What do you mean by 'vacate?' Expunge or seal? That would still been seen by certain authorities that hold the right to see it I think. An expungement or sealing shouldn't cost over $700 - $1500. Your case might be more serious. That's a lot of money!

When an attorney was speaking with me one time during a conversation about a 601 he said that immigration sees the charges but they don't see the entire record such as the police reports, etc. I hope I wasn't off-topic here with this post.

[Melissa_31375]

And also I hear that you have to release info on prior arrests even if the case was dismissed and expunged. My hubby is in same situation, he was arrested in Jan 2007/sent to jail bonded out, we went to court and then they dismissed it. We can get it expunged simply by going to the court house and paying like $100.00 and filling out some papers....I hope this wont affect his chances. He was arrested w/assualt and battery on a family member i.e. our son....someone didnt like they way he disciplined him!!

[katseyez]

I guess it's considered an expungement, all I know is it's beyond the 2 yr point, where my husband could have requested the case to be re-opened, that's why it is more expensive and time consuming. He recieved 2 yrs probation, and didn't want to plea guilty in the first place (because he wasn't!!), but his PD sort of forced him in to it. Also, the judge did not read the proper statement word for word informing him of how the conviction could affect his change of status, should he decide to do so in the future, this is the basis for the "?expungement?". He has other arrests, driving w/o a license, DUI, no insurance, but has never been convicted of any of those. This is his only conviction. We are from Chicago, what is the rule for Illinois records?? I keep hearing that is varies as to whether or not CDJ can see all of his record, regardless of conviction status, depending on the state...Does anyone know??

[katseyez]

His conviction was in 2004, his probation ended 2/06

[Laura]

You said he has a DUI as well? Just so you know, even if they weren't convictions, they are taken into account. I'm afraid if he plead guilty for something drug-related less than three years ago that they will not let him file the waiver...

Since your appointment is coming up so quickly maybe you should do a consult with Laurel and see what she says.

[katseyez]

Our atty says that because it is attempted possession, not possession, this makes all the difference.

[katseyez]

Is 3 years the magic number?

[oaxaca]

I also have a question for Laurel:

My husband did not show up to court for a traffic ticket issued for driving without insurance and one headlight broken, therefore, a bench warrant was issued for his arrest. However, he was not arrested because he paid a bond and paid the traffic tickets. Should he tell CDJ Juarez consulate about this incident and should he present evidence that this problem was resolved in hardship letter?
Thank You

[Rosa]

oaxaca - My husband had the same situation. About 3 years after the warrant was placed for him not showing up to court he went to the police department and got a new court date. He went to court and paid the fine and that was it. We never told CDJ that he had a warrant (actually didn't even think about it) but we did tell them about all his tickets. They never asked anything about either the tickets or the warrants.

[oaxaca]

Thanks for the information Rosa.

[jt22]

I have a question also for Laurel. I am trying to finalize my hsl and attachments. In light of Laurel´s visit with Warren J. yesterday do you think it is important to only attach personal documentation as exhibits (medical, financial, letters of support & hardship re: children & relatives not being able to visit us in Mex, criminal history w/dispositions and letter of applicant explaining events, circumstances and rehabilitation) or do you think it is important or a burden to attach i-net research also (like kidnapping articles, crime & safety report, consular info sheet re: dangers, nationmaster statistics re: health, education, poverty rate & mortality rates, minimum wage data, hereditary health risks, international health ins. quote, airfare costs to visit, etc.) in light of the fact that they only have 20 minutes to read? Also in Laurel´s post of yesterday she said it is good to include police report and your side of the story. Should the police report be included even when it doesn´t sound too good for applicant? Thanks for all the help. We are ¨cramming¨ for his ¨test¨ on Mon. and hope he passes!

[jt22]

1 more question. Sorry, I am not sure if I am posting this in the right place. Our attorney included our whole families´ birth certificates and our marriage cert in our waiver package, should I leave all this out? Thanks for help.

[DeBenny]

1 more question. Sorry, I am not sure if I am posting this in the right place. Our attorney included our whole families´ birth certificates and our marriage cert in our waiver package, should I leave all this out? Thanks for help.

Hi jt22! Read this thread re: the recent visit to CDJ consulate by Laurel Scott. You may find what you are looking for here. http://immigrate2us.net/forum/showthread.php?t=4006

[LilB]

1 more question. Sorry, I am not sure if I am posting this in the right place. Our attorney included our whole families´ birth certificates and our marriage cert in our waiver package, should I leave all this out? Thanks for help.

Laurel is doing mine for Nov. 7th...she asked me for all the birth certificates except Eric's (my husband). So, I think a good guess would be to keep them in.

[Rosa]

I included them and my husband was approved.

[jt22]

Thanks everyone. I will leave the birth cert, etc. in. I am still wondering about the not-so-pretty police report of 13 years ago and all of the non-personal exhibits, like nation master conditions in Mex, and other high crime, kidnapping, poverty statistics, etc. if Warren J. has time for things like that or if it is better to stay more personal?

[joy&pain]

Laurafern- can you ask Laurel if she has any information or insight as to why Panama is becoming more strict in their adjudications? The past two I2USers have been denied, us that are left are worried.
Thanks!

[Laura]

Laurafern- can you ask Laurel if she has any information or insight as to why Panama is becoming more strict in their adjudications? The past two I2USers have been denied, us that are left are worried.
Thanks!

Sure.

[stephanie]

also........did they give a date they expect to be completed with old backlogged cases from the old way before pilot program?

[y14gemini]

Hi,
I do not know if this matters now, but even if a record is expunged it will still be seen by immigration. My husband had 2 charges that were dropped (no charges filed) and immigration could still "see" that he was arrested. That is why they want the certified deposition from the courts so that they can see the outcome.