Will I be ARRESTED OR DETAINED crossing border crossing to USA?

[Raquell33]

I have a variety of issues but all relate back to my RENEWAL of my PERMANANT RESIDENT ALIEN CARD.
I do not know where to begin so bare with Me. I will try to be clear and factual in order in hopes someone may have some guidance for Me.

1. I was issued a RESIDENT ALIEN CARD at age 10 fingerprinted card
ISSUED date was 1979

2. The expiration read November 2007 (That's 28 years now I have had it)

3. I applied for a RENEWAL via ONLINE
4. Sent a letter to do my BIOMETRICS
5. I was told I would get my new card in the mail in 3 mnths

I appiled in AUGUST 2007 for RENEWAL
OCTOBER 2007 INS local office in Atlanta
At that time I asked that IF I wanted to travel for Thanksgiving NOVEMBER 2007 How could I if my card was expiring that date? The rep placed a sticker on the back of my card by punching out a lil hole under DECEMBER 2007
I asked if that was correct I was told the extention was for 6 months or a year. She ignored me and called the next person in line.
So my card sticker was for just 3 months ! ?

OK so NOW I fly to Canada November 2007
I was stopped and questioned and they ran my info
at that time I was denied entry because I was told my CRIMINAL RECORD had a charge of a felony and the records did not show the disposition?

I was charged 200.00 US dollars and given a pass to return back to US

So NOW I go to INS and ask they tell Me they need the DISPOSITION from the court of arrest area. BUT I DID NOT DO THAT CRIME.

So i been trying to find answers and I am at a loss. *I asked if the INS could extend the sticker or give me a pass because I wanted to travel to Mexico to see my mother. The officer will not let me in unless I have an appointment.

BUT dilema is this.
My card according to the sticker will expire on DECEMBER 2007
So How can I visit my family and be there for new years too?

AND Also I have some bogus charges from my X husband * a longer story!
BUT the District Attorney in CA dismissed those bogus charges BUT they are still on my FBI records and criminal record when I cross Borders from US

HELP anyone?

[gaby]

Raquel, try to email Matt74, he is a member here and attorney, so he is been answering question about immigrant issues, I read some of his advices in the forum.
Hope he can help you out.
How is your mom, by the way, I hoped you can see her soon.
Good luck

[kitkat1]

The rep placed a sticker on the back of my card by punching out a lil hole under DECEMBER 2007

Your permission to travel expires on December 31. If you attempt to enter in January, chances are you will not be allowed back in.

Why not make an Infopass appointment NOW to try to get travel permission or get the current card extended? You have very little time -- I would not waste it trying to get people's input - I would spend it at an Infopass appointment. Just my opinion.

[JMRJ]

Yes, the most effective thing you could do since you still have time is to make an appointment to go to your local USCIS office. It is good that you already did your biometrics. They would verify your permanent residency status and they will issue you a travel documentation like a temporary I-551 stamp in your passport. It's painless. I know somebody who did this.

The problem is the criminal charges you have on your record. Expect to be scrutinized more at the Port of Entry. In your trip, you need to bring your own FBI background checks record because as you said, how could you get your own disposition if you did not do the crime?!? As the charges from your husband, you need to bring certified police records and certified court dispositions showing the charges were dismissed.The Immigration, in most cases, does not have the access of these final dispositions, only the arrests/charges from the FBI? Why am I saying these? I was stucked at the POE for 3 hours because the officer said something questionable came up on my file. But in the end, I was cleared because I am clear. (I did not even worry about it. I just got so bored waiting at the POE.)

3 things:
1. Schedule for the temporary stamp
2. Run FBI background check
3. Obtain certified court dispositions and police records


..and bring it with you on your travel.

[Raquell33]

Oh Thank You all for the advice. I did call the Local Latino Association and they told me to "be careful because my card could be denied and they cpuld take my card" preventing Me from traveling in December ? I am confused.
I did go to FBI headquarters did fingerprints * they said can take about 2 mnths for file to come back? Also I have records from Atlanta but the Solicitors office, The District Attorney, The court clerk and the police departent - They all show I was arrested but then nothing else...Nothing shows disposition so they told me they will recreate the arrest? Unclear and that means what to Me? When I go to the expungment office she says ALL I NEED is a letter stating there is no record on Me for those arrest and thats it. BUT no one in the court will provice that for Me. Seems I am paying the price for some administrative errors!
so it's so frustrating! Meanwhile I am worried.

[JMRJ]

That means your FBI background check can't make it on your date of travel. I don't know what is the procedure in your state about obtaining court records. You said the charges were dismissed. Can you just go and get a copy stating those charges were dismissed and they can just stamp it? Regarding your travel documentation, if you are really planning to come back on January you really need to get serious in having your passport stamp for temporary travel document. Call your local USCIS field office. If you can't make then I think you need to come back to the U.S. before your sticker expires.

[Raquell33]

Ok I have an appointment with Immigration Officer VIA Infopass
to the local main office here.

Tormorrow @ 2:30PM

I have the one letter/fax from District Attorney to show dismiss on the one arrest.

The issue is - There is one I DID NOT DO and the courts say they cannot find my name linked to that arrest. I asked them to send Me a letter stating so but she said I need to go to the arresting agency? Its confusing There is no record so why go to police station? BUt problem is that arrest is in Texas i live in Atlanta Georgia!

The INS set me a form asking for that dispostion in order to renew my permanent resident card.

The immigration attornet says I need to wait for FBI files (which can take 4 months) My due date is December 25th to return docuements to INS ?

Frustrating! I guess tomorrow I will see what happens. ANY ONE here can make suggestion on what I should do or take to the INFO PASS Appointment to better assist in me getting that pass or stamp on my passport WITHOUT risking further action?
Do I run a risk at immigration office?

[JMRJ]

Bring evidence that you went to do fingerprints and tell the IO that the result would come in 4 months. At the meantime, you need the temporary I- 551 stamp in your passport for your December travel purposes. Show the Officer your itinerary as evidence of your travel plans and tell him/her you will hand them the FBI result when it comes. Tell the Officer it is impossible for you to obtain the court records because You did not do it. They should not prevent you from staying with your family on holidays because you can't provide the disposition.

Gather this documents as possibly as you can for tomorrow.
1. FBI fingerprints evidence.
2. Travel itinerary
3. Any evidence you can provide that you were physically present in Atlanta instead of Texas at the time those arrests occured; rent receipts or paychecks, anything that shows the dates of the transactions?

[Raquell33]

Oh Good points. Thank You! I am awake too early yikes 4:00AM
so restless. Thank YOU for the good advice and info on the name of the stamp * I didn't know this info. I will do this. Wish Me luck!

[JMRJ]

Goodluck!