Legal Question in Immigration Law in New York

Person was arrested and went to the arraignment, received an ACD offer, when will the arrest record and the open case appear?

He's on a J-1 visa with a government grant. Here are two questions:

Will these records and the open case be sent to the authorities, like Department of State, immigration authorities like ICE, SEVIS system, the university, and so on? And will they contact each other to report his status? Not saying the situation when facing procedures like background checks or visa interview in which truth must be told, but can they learn this "automatically" as the update of the case?

Another question, person is required to apply for an ITIN from IRS and use the service of an assigned tax professional (actually part of his administration) for tax return. Will the arrest record/case appear in these two procedures, or will the IRS run background checks on alien ITIN/SSN applicants/taxpayers? Thank you.


Asked on 1/28/14, 6:57 am

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

After 9/11 and in the subsequent years thereon, great efforts were made to make any and all arrests in the local and state criminal justice system directly transmitted automatically to the federal US Department of Homeland Security and the US Department of Justice which govern and preside over the US Citizenship and Immigration Services (formerly INS) and Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) and other relevant agencies within and under the purview of those federal agencies.

This was all supposed to be done in "real time" electronically as previously many arrested or detained individuals were able to evade detection or incarceration or processing even if they had active federal warrants or had otherwise violated federal law.

However this is still an imperfect system as human beings are still involved and so while the system has improved and become more efficient markedly, it still has many hiccups and imperfections and delays and mistakes still do occasionally happen.

With regards to the IRS I know of no connection between arrest records since the IRS is simply a collection enforcement agency of the US Treasury and Federal Reserve Bank, and has no connection to the federal/state/local criminal justice system (unless a special joint collaboration investigation/enforcement/prosecution is enacted).

If you would like to explore these issues further please call my law office at (212) 968-8600.

Regards,

RDM

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Answered on 1/28/14, 7:15 am


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