Will immigration fraud appear on police clearance?

[Joseph789 0]

Hello, could you please advise me whether or not it will show on police clearence if someone who have convicted immigration fraud. One of my friend enter usa on a k1 visa back in couple years ago but his girlfriend went back to stay with her ex. she had withdraw i129f petition and ICE asked my friend to do the same and he did. he had no removal preceeding notice or deported but i believe he is over stayed in the usa. he is a nice guy and had never have DUI or other criminal at all. Please advise. Thank you

[Roel 7,191]

He is most certainly illegaly in the USA. K1 visa holders can only gain legal status through the person that sponsored them. I guess if police see that he is in the USA illegaly, they can take him to the immigration jail? Not sure how that works. 

[Meg&Andrew 297]

OP is the person you're asking for still in the US, and trying to adjust status? Im curious as to how hes trying to adjust, amd if hes still here in the US or not. Although it may not show up on a police clearance,  USCIS and the embassy have access  to all of this information.  So if you're asking if they will know about this,  your answer is, yes. Most definitely.  

[Joseph789 0]

he has his valid driver license and passport to travel around usa at that time. he is not in the US anymore. He is working for consulate abroad on a diplomatic visa. He has his girlfriend overthere and planning to get married next year. He is worring about his stayed in usa that might or might not effect on his visa application after married in australia, espcially would it appear on a police clearence while were in usa. thank you

[Unlockable 7,306]

Yes, it is possible it may come up. He should be prepared to explain it.

 

He definitely should not attempt to hide it. Fraud is not taken lightly by immigration.

Edited August 24, 2017 by NuestraUnion

[Joseph789 0]

Will that be the case even if he withdrawn his application to adjust status? 

[Roel 7,191]

He didn't withdrawn anything. There was no I129 petition to cancel at that point. Once he entered on the K1 visa, the visa became invalid - it's one time visa. What (I assume happened) his ex didn't support his Adjustment of Status - and without her, he couldn't stay in the USA. If he didn't - he definitely became out of status - now the question is - how long did he stay in the USA illegally. Because he might have a ban and won't be allow in the US for 3 or 10 years.

 

Also, tell your friend to write on the forum in person. Because this story probably has bunch of holes. Like " she had withdraw i129f petition and ICE asked my friend to do the same and he did "  which is not very accurate.

[Unlockable 7,306]

What was the immigration fraud he committed? Was the K1/engagement a sham?

Edited August 24, 2017 by NuestraUnion

[Ontarkie 13,904]

~~Moved to Immigrating Outside the US, from K1 P&P - The Op is not asking about a filling a new K1, and asking about Australia's immigration.~~ 

 

 

Mod hat off

 

Is your friend wanting to come back to the US on a spousal visa? You mentioned getting married in Australia. If he is wanting to come back to the USA then it doesn't matter what is on his Police record, immigration will know all about his fraud K1 conviction.

 

Edited August 24, 2017 by Ontarkie

[Joseph789 0]

Actually, he has a true intend to stay with the lady but that lady is really crazy took some of his money and go back to her ex. her intend is to kick him out to where he was and stay with her ex again. he doesn't want to go back to usa at all. He is now staying and working in australia and he found his nice girlfriend. they plan to get married next year and start for spouse visa application. 

[Russ&Caro 1,548]

11 minutes ago, Joseph789 said:

Actually, he has a true intend to stay with the lady but that lady is really crazy took some of his money and go back to her ex. her intend is to kick him out to where he was and stay with her ex again. he doesn't want to go back to usa at all. He is now staying and working in australia and he found his nice girlfriend. they plan to get married next year and start for spouse visa application. 

Ahh, maybe we have the right info now to give advice. It would seem that he is concerned about the immigration overstay which violated US immigration law. If he applies for immigration to Australia, then perhaps when he provides the US Police certificate the immigration violation would appear on it.

 

First, I don't think overstay is interpreted as immigration fraud in US immigration law. I could be wrong. I would guess that Australia would treat that differently than if he had made a mis-representation or something like that which is real fraud. Second, I'm not sure how much other countries take into account overstays in other countries. I would guess that your friend would just need to explain the situation in an interview and he might be okay.

[Starkilla09 366]

Immigration overstay and immigration fraud are completely 2 different things. People enter the U.S. all the time and violate conditions of their entry visas, however; that doesn't make them criminals. Immigration violations are civil offenses and not criminal ones that's why immigration holding areas are called "detention" and not jail. With that being said immigration violations don't appear on criminal background check records. It can only appear if the person was actually convicted or arrested for running an immigration scam network by the police. Now USCIS and State Department Bureau of Consular Affairs have access to a database with records of immigration history and violations and can share that information with possible allies such as Canada or themselves when someone seeks an immigration benefit such as a visa. Your the K1 overstayer friend probably has a 3 to 10 year bar from entering the U.S. depending on how long he overstayed.

Edited August 24, 2017 by Starkilla09

[Roel 7,191]

Ask for friend how long was he living illegaly ( out of status in this case ) in the USA? It's kind of important.  Also make up your mind - does he want to live in the Australia like you said or move to the USA like you also said... 

[TBoneTX 43,020]

A post containing an un-family-friendly word has been removed.

[Russ&Caro 1,548]

1 hour ago, Roel said:

Ask for friend how long was he living illegaly ( out of status in this case ) in the USA? It's kind of important.  Also make up your mind - does he want to live in the Australia like you said or move to the USA like you also said... 

The question of whether the OP's friend wants to move to USA was already answered in OP's latest post to this thread. The answer is no.