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FBI report & banned from USA!! Am i eligible?

aakash28

Hero Member
Jan 28, 2006
340
54
Dhaka, Bangladesh
Category........
Visa Office......
Singapore
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
7th Oct 2010
AOR Received.
8th Feb 2011
IELTS Request
Submitted
File Transfer...
9th June 2011
Med's Request
18th July 2011
Med's Done....
1st August 2011
Interview........
Waived
Passport Req..
September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...
Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........
May 7th 2012
Guys! I have applied to Singapore visa office for skilled Federal immigration in May 2007. They have sent me a notification about the application being received and i have got a file number. Its going to take about 42-45 months according to them, which is OK with me as i am settling stuffs in my country and need time.

But my question is, when i was in USA for 8 years as a student (for my bachelors and masters) i had two incidents that should be in my FBI record when i will apply for one. I would like to share with you guys if these will make any problem for me when i will submit them to the visa officer.

1) After 9/11 happened, they FBI and immigration people practically went to every universities and investigate students. Once they have come to my house and took me in for two charges. One is for not being able to show up for registration when they asked us to and another was me being failure to notify them my change of address. However, i had the registration and had the registration number with me as well. But they were not convinced that, it was original. And the change of address rule was not into affect at that time. I am talking about sometime late 2003. they removed the law then. Anyway, they were in no mood to listen to me and took me in for 3 hours and then let me go without any bail money or anything asking me to appear at the court for trial for "deportation"! I went up there on scheduled date and talked with the judge and attorney general. They saw my paper from school officials and other evidences and got convinced that, i was at no fault and they terminated the case. And returned my passport within 3 weeks.

However, when they took me in they had taken finger print of mine and i am sure that is in their record. I was shown arresrted & detained. It will be on the report. Nothing criminal though.

2) I have got several traffic tickets while i was in USA and some of them so over due that i got arrest warrant notice. However, i managed to pay with fees everytime. But, I was once arrested for not paying traffic ticket (non moving violation - for expired registration on my car). It was out of city ticket, which i actually have paid through postal mail but according to them it never arrived there. So, they arrested me there and took finger print and was in there for 5-6 hours and later my friend came in to pay the fee and released me. This incident should be there as well.

Its 3rd degree misdemeanor crime to fail to pay traffic ticket. Is it a criminal act? Because, it was for a non moving traffic ticket, nothing like theft or speeding or DUI. Please confirm.

Also another final thing happened after i came back to my country. I applied for US visit visa to visit my brother there. I took the interview in Riyadh, Saudi Arabia where immigration officer at the US embassy is really tricky. However, after scanning my fringer prints they asked me if i have been finger printed anywhere in any polkice station. I thought the immigration office is reffering to my traffic ticket arrest and i told them the situation and told that i had got several other traffic tickets but paid them and didnt get any ticket for last 4-5 years of my stay in USA. The consulate told me that they cannot make a decision on my application and will call me for a phone interview. So they called me after almost 9 months and told me that they had found that i was asked to be deported and there was a case of deportation against me. I said that i had a case but it was terminated and i have all necessary paperwroks to show them. But they were saying, why i had not told them about the deportation process before! but in my mind since i was acquitted i thought it was not a big issue. and they way they were talking it looked like they were not aware of the final decision as well. Anyway, then the officer told me that i was not forthcoming to the visa officer and hence she is denying my request and banning me permanently to enter USA!!! That was one of greatest shock ever! But i couldnt talk to her more as she hanged up!! I never tried back to apply to USA again.

But if i am banned to enter USA, will i be ok with Canadian immigration? Also when i will answer the question ""Have you been convicted, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any current?". What should i do?

Now, since i have applied simplified version of the application to Singapore, they will ask me for an interview after 45+ months (around 4 years), and i will be forthcoming and truthful to the visa officers about the situation. I have the court letter with me stating that, they have terminated the case. But the finger prints will be there and there was a deportation procedures against me, even though i won the case.

gurus, i am preparing for IELTS and other stuffs for this immigration procedures, but these two incidents are bugging me. What you guys think of these?? Please suggest me!!! It will at least give me some mental satisfaction, if i know that i would eligible or not for immigration to Canada.
 

Manj

Star Member
Jun 22, 2009
140
58
Islamabad
Category........
Visa Office......
Islamabad
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
07-05-2009
File Transfer...
30-06-2010
Med's Done....
11-10-2012
Interview........
21-07-2012
Brother,

You better get a good law firm immigration consultant, especially one base in Canada, to pursue your case. Normally, Canada looks upto USA for criminal records, and that your case is closing in to 42-45 months, you better be prepared with some solid law firm consultant because your case is likely to enter into "appeal" mode at some stage.

Manj
 

aakash28

Hero Member
Jan 28, 2006
340
54
Dhaka, Bangladesh
Category........
Visa Office......
Singapore
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
7th Oct 2010
AOR Received.
8th Feb 2011
IELTS Request
Submitted
File Transfer...
9th June 2011
Med's Request
18th July 2011
Med's Done....
1st August 2011
Interview........
Waived
Passport Req..
September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...
Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........
May 7th 2012
Yeah! probably. I wouldnt discount that. But when i applied i did not include any representative. How i can include a lawyer at this moment if its needed?

On first case, i think i have all paper works to show that i was not at fault.

On Second case, i was at fault and it was a traffic ticket for which i was arrested - i will admit that. I have heard that cases much serious than this gets approval nod from CIC.

On third case, i am really worried about. Beacuse, i am now banned in USA permanently for whatsoever reason. CIC will know that and they will ask for explanation and i have papers to show them that i was never asked to be deported and the case was terminated. So, i didnt reveal that to immigration officer when i asked for visa. Sometime i think it would be a good idea to go for US visa again and clarify those matters with US embassy. Anybody has idea how i can do that? Like any services from USA embassy or may be Canadian High Commission about these?

Thanks for your input.

Regards,
Al
 

vamsi001

Star Member
Jul 11, 2009
82
0
Canada shares information with US, australia, u.k, new zealand etc and they will DEFINITELY know about your being permanently
banned from entering the US. The best thing for you is to first clear yourself with US consular, by applying for maybe a US visitor
visa and just to clear yourself with them. If possible, get a letter from US conular to make sure you are not banned from entering america and also to apologise to you (but this is only possible if you are sure your case was dismissed).
Secondly, you need to get an immigration lawyer with your canadian PR, you can always get one at any stage during the application process, just make sure you inform the CIC because one thing is certain, this case will definitely come up again. Being permanently banned from entering the US must be a VERY serious and a criminal offence,there is no way canada will consider you if you don't clear yourself with the US.
Good luck
 

spa

Star Member
Dec 27, 2008
135
0
1) How would they know that you were banned from getting the US visa? I think it was embassy's decision. You were not banned by the FBI. FBI has nothing to do with immigrants unless they commit a crime. Your case somewhere in the files of immigration services. Just try to get report from FBI and see what it says. If it shows your case you can explain your situation to the Canadian embassy. I don't think that American embassy or any other emabassy share information with other countries unless it's has something to do with terrorism or any other relevant issues.

2) It's not that you commited a crime. Deportation is not the same as commiting real crimes on the territory of the US. You were banned because you lied to them and they don't appreciate that.

3) Don't make a big deal of it. Just try and see what happens.
 

aakash28

Hero Member
Jan 28, 2006
340
54
Dhaka, Bangladesh
Category........
Visa Office......
Singapore
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
7th Oct 2010
AOR Received.
8th Feb 2011
IELTS Request
Submitted
File Transfer...
9th June 2011
Med's Request
18th July 2011
Med's Done....
1st August 2011
Interview........
Waived
Passport Req..
September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...
Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........
May 7th 2012
Thanks for your support guys!

On first instance, i have all the necessary court paper to show that why they had detained me and what the court had said at the end. My verdict was "The proceeding is terminated without prejudice to refiling". So i have the original documents with me, regardless of what they say and whatever on the report (it might not be updated with the verdict) i should be able to give them enough proof that the case was dismissed.

On Second instance, traffic ticket arrest was for real and i admit it because even though i sent the payment, i never checked to see it reached there or not. but its 3rd degree misdemeanor and hope CIC will understand it.

On final instance, yeah i should have told about them about my INS matchup. But i took that for granted that since i was acquitted of any charges, that shouldnt be an issue. But now that caused me a ban. I assume, they would know that i am banned. But i also think its a good idea to apply for US visit visa and try to clear myself with a US consulate. I have not tried for visa after that. What if my FBI report is not updated? Can i request them to update them through consular?

Now, for a lawyer, can anyone recommend me one given my situation here? I need someone who could help me virtually since i am not in Canada or in USA.

I hope this all gets fixed. It gives me sleepless night sometime, since i had given too much stock on my migration to Canada.

Thanks once again! i appreciate your well thought inputs. Keep them coming!!
 

vamsi001

Star Member
Jul 11, 2009
82
0
*********spa******, To think and to assume that canada would not know that he is being banned from entering the US permanenly
would be dangerously risky!!! They share information together and just recently they released a joint statement (i.e canda, u.k, australia,etc) confirming this. His finger prints have been taken. Canada will definitely know and this will raise eyebrows. A good option for you aakash28is like i said, try to apply for a US visitor visa, by so doing, you willable to defend yourself that afterall you have applied to enter the US again and your visa was granted. This really makes sense. Also, since you have all the necessary papers, it does loo as if you will be able to defend yourself. Some people say David Cohenis a good canadian immigration lawyer too. I never tried him but I read it on this forum, you can try to contact him, google-search his name.
All the best to you.
 

aakash28

Hero Member
Jan 28, 2006
340
54
Dhaka, Bangladesh
Category........
Visa Office......
Singapore
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
7th Oct 2010
AOR Received.
8th Feb 2011
IELTS Request
Submitted
File Transfer...
9th June 2011
Med's Request
18th July 2011
Med's Done....
1st August 2011
Interview........
Waived
Passport Req..
September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...
Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........
May 7th 2012
Thanks a lot guys for your points. Any more real time experiences on this?

Also suggest me some more name for lawyer that would suit for this case. I had applied as independent without any representative. What is the procedure to add one now?

Its really painful to wait for something 4+ years and then know that you are not eligible for it! Do you guys think anybody from local Candian High commission can help me to understand my stance!

thanks!
 

me2land

Hero Member
Aug 25, 2009
242
19
Job Offer........
Pre-Assessed..
I would go with Spa on this one. Nobody knows for sure what info the US/Cananda share but chances are that there are not aware of your ban from the US if it came from the Embassy. By talking too much about your records to Canadian Imm. Officers you will just complicate your case more. Just spend $30 to order your FBI background and see what it says and you can handle the Canadian issue from there. Getting a good immigration layer will surely help.
 

aakash28

Hero Member
Jan 28, 2006
340
54
Dhaka, Bangladesh
Category........
Visa Office......
Singapore
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
7th Oct 2010
AOR Received.
8th Feb 2011
IELTS Request
Submitted
File Transfer...
9th June 2011
Med's Request
18th July 2011
Med's Done....
1st August 2011
Interview........
Waived
Passport Req..
September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...
Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........
May 7th 2012
Thanks spa & me2land! Yes i will go ahead and get the FBI report and see what they have stored me there.

Also, can any of you suggest a good immi lawyer for this case if i do need help at later stage.

thanks a lot!
 

rocky272727

VIP Member
May 21, 2009
3,121
168
Job Offer........
Pre-Assessed..
aakash28 said:
Thanks spa & me2land! Yes i will go ahead and get the FBI report and see what they have stored me there.

Also, can any of you suggest a good immi lawyer for this case if i do need help at later stage.

thanks a lot!
Go for David Cohen, he is the owner of this site. Heard a lot about him. Best of Luck
 

spa

Star Member
Dec 27, 2008
135
0
aakash28 said:
Thanks spa & me2land! Yes i will go ahead and get the FBI report and see what they have stored me there.

Also, can any of you suggest a good immi lawyer for this case if i do need help at later stage.

thanks a lot!
But make sure that your reports don't have any criminal records before you fill the application where they ask about convictions. You'll have to get police clearance reports from every state where you lived for more than 6 month.

I guess this is the list of authorized representatives:

http://www.csic-scci.ca/find/all.html
 

chandan

Star Member
Sep 16, 2009
91
0
I believe vamsi001 has also given you a genuine, truthful and honest advice.
All these developed world share information with one another a lot! That is the honest truth
whether we like it or not. I also support what 'spa' said advising you to request for FBI report.
Whatever you chose to do, all the best.
 

aakash28

Hero Member
Jan 28, 2006
340
54
Dhaka, Bangladesh
Category........
Visa Office......
Singapore
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
7th Oct 2010
AOR Received.
8th Feb 2011
IELTS Request
Submitted
File Transfer...
9th June 2011
Med's Request
18th July 2011
Med's Done....
1st August 2011
Interview........
Waived
Passport Req..
September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...
Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........
May 7th 2012
Thanks all for all the suggestions!

I am planning to hire Mr. Cohen. I am not sure if i can get away with the ban i have to enter USA.

He can probably suggest me!

ANYBODY WITH REAL EXPERIENCE?