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got deported from usa

Leon

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Jun 13, 2008
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Niloy said:
@ Leon and SFD

Thanks a lot for your input and suggestions.

Could you please tell me if immigration records (overstay with no criminal background) go into FBI records? Thanks.
I don't think so but how about you order your FBI records and then you can see what they say.
 

Niloy

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Apr 6, 2012
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Leon said:
I don't think so but how about you order your FBI records and then you can see what they say.
Thanks a lot Leon. I don't have any close relatives in the US who can help me to get this record. Currently, I am in my home country and I have no clue how to get this record from here.
 

SFD

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Feb 8, 2010
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Niloy said:
Thanks a lot Leon. I don't have any close relatives in the US who can help me to get this record. Currently, I am in my home country and I have no clue how to get this record from here.
Niloy,

Please see below, general information on the FBI website. This might help with.

You don't have to be in the US to request it. U can sent it by regular e-mail. It takes 8-16 weeks. I also had to request a poolice record from the state. Police and FBI records.

SFD

http://www.fbi.gov/about-us/cjis/background-checks/faqs


Frequently Asked Questions

1. Does the FBI accept personal or business checks?

No. Personal or business checks are not an acceptable form of payment for Departmental Order (DO) requests. Personal or business checks submitted with a DO request will not be returned. The CJIS Division will destroy the monetary instrument and will provide the customer a letter explaining why the monetary instrument could not be used.

2. Do you have procedures for expeditious handling?

No. The CJIS Division does not expedite requests; however, an expedited response may be provided by an FBI-approved Channeler.

3. Can the FBI send the results to someone (or agency) other than myself?

Under U.S. Departmental Order 556-73, the results must go back to the requestor, unless otherwise specified on the signed application.

4. Where can I get my fingerprints taken?

Your local, county, or state law enforcement agencies may take your fingerprints for a fee. Also, some printing companies offer this service; check the yellow pages in your telephone book or search online. If using the Channeler option, please contact the FBI-approved Channeler or additional information.

5. What if my fingerprints are continuously rejected?

Have multiple sets of fingerprints taken, preferably by a fingerprinting technician. (This service may be available at a law enforcement agency). Mail all fingerprint forms to the CJIS Division with your request. For more information on taking legible fingerprints, refer to the Recording Legible Fingerprints brochure.

6. Can I use the fingerprint card I download from this site?

Yes. The FBI will accept the downloaded paper fingerprint card only for the purpose of requesting an FBI Identification Record. If you go to a law enforcement agency or private fingerprinting agency to be fingerprinted, they may prefer to use a fingerprint card on standard card stock. You may use the fingerprint card provided by the printing agency.

7. Will my fingerprint card be returned?

No. Due to concerns related to the protection of personally identifiable information, fingerprint cards are no longer being returned either for a “no record” response or with an FBI Identification Record.

Any questions regarding this matter should be directed to the CJIS Customer Service Group at (304) 625-5590.

8. How do I notify the FBI if my address has changed since I submitted my request for my FBI Identification Record or if I want to verify my correct address was submitted?

Please complete the Address Change Request Form and mail the signed form to the following address:

FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, WV 26306

The form can also be faxed to (304) 625-9792, or scanned and sent via e-mail to liaison@leo.gov.

Note: Changes will not be made unless a signature is present on the form.

9. Does the FBI provide apostilles*?

(*An apostille is a certification that a document has been “legalized” or “authenticated” by the issuing agency through a process in which various seals are placed on the document.)

The CJIS Division will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests by placing the FBI seal and the signature of a division official on the results if requested at the time of submission. Documents prepared in this way may then be sent to the U.S. Department of State by the requestor to obtain an apostille if necessary. This procedure became effective on January 25, 2010 and will apply only to documents finalized after that date. Requests to authenticate previously processed results will not be accepted. This procedure replaces the letter formerly provided by the CJIS Division that indicated the service was not provided. Note: FBI-approved Channelers cannot provide an apostille. A request for your FBI Identification Record must be submitted directly to the FBI if an apostille is needed.

10. How do I challenge my FBI record?

Review the Challenge of a Criminal History Record to obtain information regarding your FBI record.
 

Niloy

Newbie
Apr 6, 2012
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Request via e-mail

SFD,

Thanks a lot for sharing the information. I have to send the Finger Print Card with the Form. How is it possible to send the Finger Print card by email? I believe they need the original Finger Print card.

Also, could you please give me the FBI e-mail address to which I need to send the request?

Can someone from the US request my record on my behalf? It will be faster. If it's possible, I will get in tocuh with someone over there and do it that way. Thanks.
 

SFD

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Feb 8, 2010
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Re: Request via e-mail

Niloy said:
SFD,

Thanks a lot for sharing the information. I have to send the Finger Print Card with the Form. How is it possible to send the Finger Print card by email? I believe they need the original Finger Print card.

Also, could you please give me the FBI e-mail address to which I need to send the request?

Can someone from the US request my record on my behalf? It will be faster. If it's possible, I will get in tocuh with someone over there and do it that way. Thanks.
Niloy,

Yes, of course! You need to send the original Finger Print along with your Application Form, check. What I did is that I provided a US Address to get results.
When you send it, send it certified... You will be more confortable knowing it got there secured. I did that. You also can call FBI from time to time, to check the status. I also did this. In my case, it lasted 10 weeks... I am not 100%.

FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, WV 26306
 

xyz1234

Newbie
Oct 27, 2012
4
0
Hi,

5 years ago, I was arrested in U.S. for charge of grand theft (the lowest degree, I think it's called 3rd degree), but they let me go from investigational jail, they said there was no action against me, they dropped charges, and there was never a trial. I got deported to my country and banned for 10 years to come to U.S. I remember they took my fingertips but I have no idea what is in the record. I've had transit visa(C1/D) that was cancelled as well.

Now my wife got job offer from Canadian company to go to work and live there and will need to apply for work permit, so will I (open work permit as a husband). I wonder if there will be any problems with that, if embassy will refuse to give me work permit? Does it mean that for me Canada is closed and I will not be able to get a work permit/visa for ever? If I can't go, than we will have to cancel everything, but we really want to go.

Thank you in advance.
 

Leon

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I do not know how serious that is but on a work permit application, you are asked if you have ever been ordered to leave any country and you would have to say yes and explain that and you are also asked if you have ever committed a crime, been arrested, charged, convicted.

You were arrested and charged but not convicted. You were deported and banned but you were at least not deported for having overstayed in the US which means they might not have to worry about you overstaying in Canada.

If you do try to apply for a work permit, order your police clearance from the US so you can include it and prove that your record is clean.
 

xyz1234

Newbie
Oct 27, 2012
4
0
So does it mean that if I was not convicted, that than my record is clean? How can I find it out? Sending request to FBI or police center where it happened?

I know that on a work permit application you have to write that information and I don't want to lie, but have to know these information because I don't want to ruin everything, because my wife got job offer and employer needs to know if he can count on her/us. She is not leaving without me, so if I can't get work permit, we have to tell employer to look for somone else.

I really don't know anything about these things, because that was the only time that I was arrested ever in my life. In my country my record is completely clear. Only had to pay ticket for faster driving once and that's it. I am not a criminal, but am affraid that they will look at me as one because of that what happened 5 years ago and reject me.
Today, when I first saw the application form just realised that I could have a problem because of that and didn't have idea that it could affect on Canadian work permit.
 

Leon

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xyz1234 said:
So does it mean that if I was not convicted, that than my record is clean? How can I find it out? Sending request to FBI or police center where it happened?

I know that on a work permit application you have to write that information and I don't want to lie, but have to know these information because I don't want to ruin everything, because my wife got job offer and employer needs to know if he can count on her/us. She is not leaving without me, so if I can't get work permit, we have to tell employer to look for somone else.
I think your record is clean because you were never convicted. You can order your FBI clearance, see here: http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp but it takes 16 to 18 weeks. You might have more luck with the state police where it happened.

Canada immigration works with US immigration so if you lie, you risk that they may find out. Even if they don't find out now, they might find out if you want to apply for PR.
 

xyz1234

Newbie
Oct 27, 2012
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No, I don't want to lie, I want to do this right.

This 16-18 weeks is very long time, too long... Where should I take these fingerprints? In my country police printed on the FBI form?


So once again, you say that if it was dropped, there was no judge and the trial, that my record should be clear and should be able to get visa with no problems? No matter I was deported and no matter bann?
 

SFD

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xyz1234 said:
No, I don't want to lie, I want to do this right.

This 16-18 weeks is very long time, too long... Where should I take these fingerprints? In my country police printed on the FBI form?


So once again, you say that if it was dropped, there was no judge and the trial, that my record should be clear and should be able to get visa with no problems? No matter I was deported and no matter bann?
Please read this info published by Canadavisa as it will help you to understand this process...
Canadian Criminal Rehabilitation for Immigration Purposes – What You Need to Know

Many individuals wishing to travel to Canada are upset to discover that a previous criminal conviction may result in their being deemed ‘inadmissible' to Canada.

How is Criminal Inadmissibility Addressed?

There are a number of ways to address criminal inadmissibility for the purposes of coming to Canada on either a temporary or permanent basis. Depending on individual circumstances, criminal inadmissibility may be dealt with in a number of ways:

1. Not all prior convictions make a person inadmissible. Certain minor offenses may be ignored for Canadian immigration purposes. For example, a single conviction of disorderly conduct will not normally keep someone out of Canada.

2. There may be no equivalent under Canadian federal law for the foreign offense that is the subject of conviction. This is often a technical argument based on the fact that the Canadian offense has a more narrow interpretation than the foreign offense in question.

3. It may be possible to have the foreign conviction expunged, which may negate the inadmissibility to Canada.

4. The passage of enough time since the completion of the sentence, in the absence of subsequent convictions, may in certain circumstances be considered as deemed rehabilitation and the offender would no longer be inadmissible to Canada.

5. A person may meet certain conditions and submit an application for rehabilitation to Citizenship and Immigration Canada. Even when an individual is not eligible to submit a rehabilitation application, there is always the possibility of apply for a Temporary Resident Permit, where the applicant's need to be in Canada will be weighed against his or her danger to Canadians.

In addition to the above options, a person may meet the conditions to apply for Criminal Rehabilitation.

What is Criminal Rehabilitation?

Criminal Rehabilitation is a process by which a person who is inadmissible to Canada on the basis of security submits a request that to the Canadian government that they be absolved of their criminal inadmissibility. If approved, assuming no further offenses are committed, the past conviction(s) will no longer be a barrier to Canadian temporary or permanent residency.

Canadian Criminal Rehabilitation can only be pursued for convictions outside of Canada. If convicted of an offense while in Canada, depending on the circumstances, an individual may have to seek a Pardon from the appropriate Canadian authorities.

Who Needs Criminal Rehabilitation?

An individual may be eligible for Criminal Rehabilitation if they meet the following three criteria:
■They have committed an act outside of Canada that is considered an offense in Canada;
■They were convicted or admitted to committing the act; and
■At least five years have passed since the completion of sentencing (if any)

Applicants for Canadian Permanent Residency who have a prior conviction must be considered rehabilitated in order to receive Permanent Resident status. Applicants wishing to stay in Canada temporarily may have the option to pursue a Temporary Resident Permit (TRP) instead of Rehabilitation. However, a TRP must be renewed, whereas successful rehabilitation permanently resolves the problem of criminal inadmissibility for future stays in Canada.

How Do I Pursue Criminal Rehabilitation?

The application process for Criminal Rehabilitation will vary from person to person. However, all applicants must first determine if their offense is considered ‘serious' or ‘non-serious' by Canadian standards. This requires a close reading of the Canadian criminal code in relation to the laws of the country in which the offense was committed.

Individuals who committed a single non-serious offense and more than 10 years have passed since the completion of any sentencing may be “deemed rehabilitated”. In such cases they do not have to pursue a formal application for Criminal Rehabilitation. However, many wish to obtain a letter from a legal expert that explains their “deemed rehabilitated” status to Canadian border officials, thus offering peace of mind.

If sentencing for an offense was completed less than 10 years ago, individuals will have to pursue an application for Criminal Rehabilitation. A serious criminal offense, where the maximum sentence in Canada would be ten years or more, will always require a Rehabilitation application regardless of when sentencing was completed.

Once an offense's equivalency in Canada has been determined, applicants must decide how to best demonstrate that they are no longer at risk to commit further criminal activity. This can be done in a variety of ways, such as demonstrating a stable lifestyle, community ties, social and professional skills, and the outstanding nature of their conviction. If the Canadian official reviewing the application is convinced by the arguments set forth, s/he will issue an official approval of the request for Criminal Rehabilitation.

What is the First Step?

Determining equivalency is a difficult task. It requires analyzing both the Canadian Criminal Code or other federal statute as well as the laws of the country in which the offense took place.

“Preparing an application for Criminal Rehabilitation can be tough, but thankfully it should only have to be done once,” says Attorney David Cohen. “As an immigration lawyer, I enjoy helping people move past their prior convictions to begin a new life in Canada.”

If you think you may be eligible for Criminal Rehabilitation, a good first step to take is to read more about criminality issues in Canada to learn how your unique situation should be addressed.

If you would like to learn more about Criminal Rehabilitation or other aspects of Criminal Inadmissibility to Canada, please contact us today.


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Leon

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I am sure you have a clean record because you were never convicted but I do not know if the ban will affect you getting a visa. All you can do is try to explain.

The FBI takes a long time so you should look for the website of the state police where you were staying. They might be able to give you a PCC in 1-2 weeks.

If you go for the FBI clearance, you would go to your police with the FBI form and have them take your fingerprints for you.

xyz1234 said:
No, I don't want to lie, I want to do this right.

This 16-18 weeks is very long time, too long... Where should I take these fingerprints? In my country police printed on the FBI form?


So once again, you say that if it was dropped, there was no judge and the trial, that my record should be clear and should be able to get visa with no problems? No matter I was deported and no matter bann?
 

xyz1234

Newbie
Oct 27, 2012
4
0
That helped me a lot. I will try to contact the U.S. authorities to send me the record and to try to delay all this for few months just to make sure that there will be no problems.

Thank you all so much!
 

ma1986

Newbie
Dec 23, 2012
2
0
Refused from Canada then Deported from USA

Att: Leon and all who can help

Hello

I am an Indian and I was refused asylum case under my family's claim back in 2006-2007. I was sent back to USA since I came from there but I was detained by the border patrol. They deported me back to my home country! I lived in Canada for 5-6 years and obtained my high school diploma and worked full time after my graduation!

Now back in India, I have obtained a bachelors degree in marketing and 5 years of experienced gained int eh work field.

I would now like to apply for a skilled worker in Canada!!!
WILL MY PAST create ANY sort of problem for me?
Will I be rejected?
Any help would be highly appreciated!

Thank You