Expunged misdemeanor - visa received - problems at port of entry? Criminal Records, Expungement

elvira · Jan 16, 2005

Dear all,

I have been charged with misdemeanor 2 years ago (NYS), but the case was ACD'd and finally dismissed after completing community sevrice. I finished my studies and went back home. I have applied for tourist visa recently and my case showed up in the consulate database and i was required to submit fingerprints. I did receive a visa though.
My question is - will I have problems at port of entry as i am planning to visit nyc next week. I have a certificate of dispostion from local court stating no public record found. Or the fact that consulate have done the background search and found out that i am the exception to CIMT rule will probably make the immigration officer at port of entry come to the same decision? how should i behave at port of entry and what should i have with me just in case?
Also, after that incident i was going back home for summers and never had problems with renewing my student visa and getting back in US. How come now consulate asks me for fingerprints? did they not have this information on file before?
By the way, i checked with my lawyer, and he said that i should have no problems. But im still concerned.
thank you for your help.

NYClex · Jan 16, 2005

Your attorney is right, you should not have problems because of that. To be on the safe side you should take copies of all your correspondance and documents in this case to show the supervisor at the POE if you should be held in secondary inspection. But since the consulate decided you can be issued a visa, it is highly unlikely that a POE officer would deny entry for that reason.

elvira · Jan 16, 2005

Thank you NYClex for you response and time.
It is still not clear to me why this issue was never brought up when I applied for the student visa after the incident. i even traveled outside abroad for spring break, etc. and never had problems coming back in.
but only after i graduated and now applying for different kind of visa they became more stringent.
Immigration officer at poe has the same kind of information that consulate has on me, with all reports that were sent to them from fbi, right?

NYClex · Jan 17, 2005

be happy they did not make trouble before. The USCIS has been slowly upgrading its database capabilities and has become much more stringent in checking out applicants since 9/11. It took them a while to get the new databases going, in the future one can expect much stricter procedures.

The new fingerprints are being requested because you might have had committed another crime since the last fingerprints were taken. It used to be that the USCIS did not put your fingerprints on file once they were checked by the FBI. Therefore they had to be taken again. That will probably change now, too.

elvira · Jan 17, 2005

Thank you very much for your help. Its a lot clearer to me now.

tunispoa · Feb 11, 2005

Hi elveira,
can you please tell me how long it took you to get your tourist visa and where did you apply for it? Do you have any information on what type of verification / clearance they have after fingerprinting you?
Thank you very much

elvira · Mar 10, 2005

i dont know what they received after fingerprining i guess some kind of report.
it was just frustrating to wait. it took almost 2 months to get it done and hear fromthem, after that they called me to tel that i should come pick up my visa

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Expunged misdemeanor - visa received - problems at port of entry? Criminal Records, Expungement

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