Question on Background Check for Beneficiary

[chp 0]

Hey everyone,

I've been reviewing these pages for a while and everyone's advice has been a great help. I'm hoping someone can shed some light on my situation.

My fiance (beneficiary) was wrongly brought in to the police station a year ago for somebody else's crime. He resembled someone who happened to mug someone earlier that day. Because he was at the beach, he didn't have his identity on him. After his true identity was confirmed, the police let him go.

In addition, he was also picked up off the street by the police as a 19 year old (about 8 years ago) and had a miniscule amount of marijuana. He paid a fine and that was that.

Knowing we would need to find out his criminal record for this process, we already went and got both his police records about two months ago to see what we would be dealing with.

There was nothing! They fingerprinted him and his name was clean.

He was thrilled!

I am relieved, but slightly paranoid.

Now we are at the stage where we need to fill out the forms for the consulate where it does explicitly ask whether one was arrested for or convicted of any of the crimes listed (involving drugs or moral turpitude).

He was not officially arrested and he feels we can truthfully mark "NO" for all of those questions concerning crimes/arrests.

Here is my question:

Is there any way that the consulate or any other background check can pick up records that are not listed on his police records?

I want to be honest, but also do not want to include something that there is no official record for.

Thanks everyone!

[Precious 2]

I want to be honest, but also do not want to include something that there is no official record for.

I guess you answered your own question. It is always better to be honest and truthful, but at the same time, I particularly don't see why being honest and truthful has to make you harm yourself. That said, if there is no official record (bearing that it was a police misunderstand) and his name is clean, and the police certificate shows nothing, so I don't think there is anything to be afraid. But this is me, and I hope you will make the best decision for yourselves.

Good luck!

[KimandRuss 0]

This is a very touchy subject here. Of course, you want to tell the truth. Misrepresentation is a big problem when dealing with immigration.

BUT, if he even admits to using marijuanna any time in his past, he will probably face a ban that he would then need to fight. An archaic law perhaps, but we've seen enough people here banned for admitted use.

The beneficiary goes through many levels of security checks throughout the process. Whether it comes up or not is hard to say.

I would suggest contacting a qualified immigration attorney.

[chp 0]

Thank you both for your responses!

I realize marijuana use is such a huge deal so I am very wary of how to even approach it on the application.

My hope is that the police records are complete and correct and that he does, in fact, not have any record of this event.

The good news is that we moved very very quickly through the NVC. I do not know, however, if that is any indication of whether the incident came up in their background check.

From what I have read, the consulate also does another background check and fingerprinting. But it was to my understanding that they have access to the same records as the Policia Federal and Secretaria de Seguranca Publica.

I agree- I would like to consult with an immigration lawyer that has significant experience with Brasil so they can inform me of when/where the background checks are performed and how we should proceed.

If anybody has recommendations of a good immigration lawyer, that would be great!

Thanks again

[rickynlucy 0]

Thank you both for your responses!

I realize marijuana use is such a huge deal so I am very wary of how to even approach it on the application.

My hope is that the police records are complete and correct and that he does, in fact, not have any record of this event.

The good news is that we moved very very quickly through the NVC. I do not know, however, if that is any indication of whether the incident came up in their background check.

From what I have read, the consulate also does another background check and fingerprinting. But it was to my understanding that they have access to the same records as the Policia Federal and Secretaria de Seguranca Publica.

I agree- I would like to consult with an immigration lawyer that has significant experience with Brasil so they can inform me of when/where the background checks are performed and how we should proceed.

If anybody has recommendations of a good immigration lawyer, that would be great!

Thanks again

I read in another forum that a similar situation occurred for someone going through Mexico and somehow the consulate found the record that the police said didn't exist so be careful. We used Laurel Scott for our attorney http://www.visacentral.net/index.html

I think the rule with marijuana is a 3 year ban after the date of the last use, so something that old might not be an issue anyway.

Good luck.