Legal Question in Immigration Law in Maryland

Re: Finding out records Immigraion has on someone

An FBI records check would be of little value in this particular situation (in my opinion). What matters is what information the Department of Homeland Security(ICE) may have in regard to your friend's conviction and whether they believe that her particular felony conviction

under their particular rules should warrant the institution of removal proceedings.

Your friend's conviction for shoplifting in the amount you have indicated would, undoubtedly, have resulted in a felony conviction. Even though the state of Maryland may have expunged the record of her conviction, ICE (Immigration and Customs Enforcement)has its own rules in determining whether a particular offense merits deportation(removal) proceedings. Theft, whether a misdemeanor or felony, if punishable by incarceration for one year or more, is generally considered a crime of moral turpitude and a basis to remove a person who has permanent resident status(green card holder. And whether or not the state may have expunged the record of the offender's conviction makes no difference.

Your friend's best appraoch(again in my view)is simply to return to the U.S and resume her daily routine with the hope that the Department of Homeland Security may not have received the report of her conviction or, if in fact they have, that they will not act upon it because they already have too many similar cases or for some other reason.

However, should your friend receive what's called a Notice to Appear for an immigration hearing, she should take steps to retain an attorney qualified to defend her in a proceeding whose purpose will be to have her removed from the United States based upon her conviction for a crime which qualifies for such removal.

Re: Finding out records Immigraion has on someone

I don't know the entire answer to this. I have forwarded it to a friend of mine.

Furthermore, it sounds like this charge was in D.C. and I know Virginia law as a Virginia attorney.

However, I would imagine that the worst thing you

could do is to ASK the government about this

and REMIND them about it.

I am not sure what you mean by "dismissed" ?

I would recommend going to the exact court

where this occured and pulling the records.

This will show exactly what happened, WITHOUT

drawing it to anyone's attention.

Now, it is possible for the INS and State

Department to count against her even though

she had no conviction or punishment. But the

last thing you would want to do is REMIND

them of it, and have someone pull the records.

So if you go and start pulling criminal records,

this will help them find the records and cause

problems.

Re: Finding out records Immigraion has on someone

Hello,

In reference to how a person, generally, may acquire information and/or records that USCIS/ICE/INS may have regarding said individual, he/she may request such materials through a Freedom of Information Act Request ("FOIA"). That may take months, but should (with some exceptions allowed by law) produce a Requester's case file with the government. There is a standard form for that purpose that needs to be signed and likely notarized by the Requester. However, I believe the law allows a letter to that effect as long as it contains the necessary information and identity verification.

Of course, there is the possibility that it may alert the foregoing entities to the Requester's case/situation. Thus, the pros and cons must be waived. On the other hand, such FOIA's may originate wherever; may be requested via an attorney; and they number in the hundreds or even thousands. So the risk may be reasonable depending on the Requester's specific facts. He/she should seek the advice of an attorney on point who has done a thorough intake first.

The foregoing observations deal with FOIA Requests generally; do not constitute legal representation or advertising; and would have to be tailored specifically to an individual potential client after a review of his/her documents.

Good luck.

FIL