Jump to content
love1987

will i encounter problems with my visa(K1) if i have a pending bp22case in metropolitan court

18 posts in this topic

Recommended Posts

my fiance will visit me this august and he will be filling a K1 visa petition after his visit..

about the case,,I have a pending bp22 case ,I don't know how to call it but me and the other defendant with our legal counsel has been fighting for the case to be dismissed due to jurisdiction concerns,since my case was filed in Pasig and the transaction was in Cebu..

It was for the money I loaned for me to be able to work abroad. and I didn't know it was still unsettled since I was sending money to my family to pay for it,but the time came that a court order came that is when I knew about the whole story..

a motion to dismiss is pending and we have been doing the necessary legal options to settle the case.I am just worried that by the time of my visa interview, it will he a problem,if ever it will still be not dismissed

my question is

1.will it affect in the future ,regarding my eligibility to be granted a visa?

2. If it will not show up in my nbi records ,does that mean it I won't have a problem during the interview?

3.I am not the only defendant in the case,there are other 2,my sister and my brother in law but I am the main borrower..

Although me and my fiance are still in the early stage of preparing to file for the petition ...suggestions and advice will be greatly appreciated...

thank you and God bless!

Share this post


Link to post
Share on other sites

BP 22 is a criminal case. though punishable by fines and penalties. it is still a criminal case. hence if there is conviction, there might be a problem in your eligibility for visa as it will be reflected in your records. Regardless whether you are a lone defendant or you have co defendants, that fact that you are one of the defendant is what matters.

I advice you to as early as now get an nbi clearance, if your clearance shows that you dont have any record with them, you are good to go. However if nbi clearance shows that there is no derogatory record with them, it means that it has a record about any of the ongoing cases that you are facing right now. When that kind for impression is shown in your clearance, you need to secure a written letter from then stating the actual status of your record from nbi. This is pending resolution of your bp 22 case.


11/9/2015 sent AOS/EAD/AP application to Chicago Lockbox

11/15/2015 received a text message of receipt of application

11/18/2015 received written notification for the 3 applications

11/24/2015 received a notice of biometric appoint on 12/8/2015

12/8/2015 did the biometrics

1/16/2016 case update: "card production was ordered on 1/16/2015

1/19/2016 case update: case was approved

1/21/2016 case update: card was mailed

1/23/2016 received welcom letter :)

:dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing:

Share this post


Link to post
Share on other sites

BP 22 is a criminal case. though punishable by fines and penalties. it is still a criminal case. hence if there is conviction, there might be a problem in your eligibility for visa as it will be reflected in your records. Regardless whether you are a lone defendant or you have co defendants, that fact that you are one of the defendant is what matters.

I advice you to as early as now get an nbi clearance, if your clearance shows that you dont have any record with them, you are good to go. However if nbi clearance shows that there is no derogatory record with them, it means that it has a record about any of the ongoing cases that you are facing right now. When that kind for impression is shown in your clearance, you need to secure a written letter from then stating the actual status of your record from nbi. This is pending resolution of your bp 22 case.

thank you for the reply...so if I will try to get an nbi clearance by august,and it shows I have no record ,can I use the same nbi clearance in the future?coz as far as I know it has a 1 yr validity

Share this post


Link to post
Share on other sites

Yes get NBI Clearance when you can.

Who knows if it will ever show up, or if your case will ever make it to court.

You might be long gone in USA by the time the court case comes up.

I thought BP22 was for a bounced check.

Even if found guilty and on your NBI that still will not keep you from getting a visa.

Share this post


Link to post
Share on other sites

Yes get NBI Clearance when you can.

Who knows if it will ever show up, or if your case will ever make it to court.

You might be long gone in USA by the time the court case comes up.

I thought BP22 was for a bounced check.

Even if found guilty and on your NBI that still will not keep you from getting a visa.

yes ,,it is for a bounced check since it was through checking account which payments for the loan were made..but I had a mistake since I was so ignorant at that time that they made me sign blank checks which my lawyer found a violation..but since ignorance excuses no one,my legal counsel and I have been fighting for a fair judgement since June..

my case is already on court...so I am.now an accused of the case,,but my legal counsel filed a motion to dismiss the case..and I am praying that it won't hinder me from getting a visa..since I am thinking probably if the petition pushes through it will take up to 6months or less for me to schedule an interview in the embassy.

Share this post


Link to post
Share on other sites

when is your interview???? if you will be getting your nbi clearance as early as now, and yoru interview will be like 4 to 6 months from now, and would use the same clearance.... you might get a 221g.... because the embassy would want the most recent nbi clearance...

the reason why im suggesting that you get a clearance now so that you will be able to see what record the nbi has of you, if there is any... or hopefully they dont have any record of you..

In order not to get 221g in your interview as far as nbi clearance is concern, it should be the very recent... not over 6 months ... even if the clearance itself has 1 year validity.

remember that even if you have filed a motion to dismiss, you will still have a hearing on the motion.... this case will take forever to have a resolution.


11/9/2015 sent AOS/EAD/AP application to Chicago Lockbox

11/15/2015 received a text message of receipt of application

11/18/2015 received written notification for the 3 applications

11/24/2015 received a notice of biometric appoint on 12/8/2015

12/8/2015 did the biometrics

1/16/2016 case update: "card production was ordered on 1/16/2015

1/19/2016 case update: case was approved

1/21/2016 case update: card was mailed

1/23/2016 received welcom letter :)

:dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing:

Share this post


Link to post
Share on other sites

when is your interview???? if you will be getting your nbi clearance as early as now, and yoru interview will be like 4 to 6 months from now, and would use the same clearance.... you might get a 221g.... because the embassy would want the most recent nbi clearance...

the reason why im suggesting that you get a clearance now so that you will be able to see what record the nbi has of you, if there is any... or hopefully they dont have any record of you..

In order not to get 221g in your interview as far as nbi clearance is concern, it should be the very recent... not over 6 months ... even if the clearance itself has 1 year validity.

remember that even if you have filed a motion to dismiss, you will still have a hearing on the motion.... this case will take forever to have a resolution.

OK thanks for enlightening on this matter..will do get an nbi clearance by august and will get another one a month before my interview... thank you so much for giving few pointers...it will greatly help in the future..

Share this post


Link to post
Share on other sites

no problem.. good luck..")


11/9/2015 sent AOS/EAD/AP application to Chicago Lockbox

11/15/2015 received a text message of receipt of application

11/18/2015 received written notification for the 3 applications

11/24/2015 received a notice of biometric appoint on 12/8/2015

12/8/2015 did the biometrics

1/16/2016 case update: "card production was ordered on 1/16/2015

1/19/2016 case update: case was approved

1/21/2016 case update: card was mailed

1/23/2016 received welcom letter :)

:dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing::dancing:

Share this post


Link to post
Share on other sites

*** Country-specific thread moved from K-1 Process forum to the Philippines regional subforum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Get your NBI clearance now. See what it says. If it shows nothing then take the same to your interview. NBI for interview can't be more than 6 months old at time of interview. If you are in a court case now, I bet that your NBI will show it causing you a delay. That case will have to be resolved before you leave the Philippines. Let us know how you doing and your progress.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

Get your NBI clearance now. See what it says. If it shows nothing then take the same to your interview. NBI for interview can't be more than 6 months old at time of interview. If you are in a court case now, I bet that your NBI will show it causing you a delay. That case will have to be resolved before you leave the Philippines. Let us know how you doing and your progress.

thanks for the advice..but in case by the time of my interview and the case will still not be resolved ,,and I will bring my nbi clearance and a document from the nbi and the court itself stating the status of the case ,,will it stop the embassy from granting me the visa?or will it be big factor that will stop me from leaving?like of ever I am granted a visa ,will I have problems with the immigration about it?..I'm really getiing paranoid about this..

Share this post


Link to post
Share on other sites

thanks for the advice..but in case by the time of my interview and the case will still not be resolved ,,and I will bring my nbi clearance and a document from the nbi and the court itself stating the status of the case ,,will it stop the embassy from granting me the visa?or will it be big factor that will stop me from leaving?like of ever I am granted a visa ,will I have problems with the immigration about it?..I'm really getiing paranoid about this..

To calm your nerves the first step you must take is to get your NBI to see what it says. Do that sooner then later but be sure you are within six months of your interview in the event that it is clean. If it is clean you have no worries. But, the right thing to do is satisfy this case first and then proceed with your visa processing. You can delay your interview up to a year after then you must reapply and pay all the fees again.

If you bring documents from your case with you to the interview and the case has not be adjudicated then all bets are off. You will be turned down for a visa.

The reason is you have to have a clean NBI record and in the event that you have a court case against you which has not been satisfied, then you can't skip the country and never resolve the case at hand. It's basic common sense to clear your name otherwise you will always have a shadow of guilt. If you can satisfy the outstanding monies owed to the person with whom you had this transaction with the better. Then have the case rescinded and then be sure your NBI reflects that action.

I am not a lawyer nor do I play one on TV. Your mileage may very.

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

I am happy for you that you have worked through everything. Should be proud of yourself. You did the right thing.

Now let's get that VISA!!! :joy:


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

That is good news! I bet you are smiling now! :)


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×