Unable to obtain Police Records from Spain

[kelli316 0]

My fiance is from Brazil but lived in Spain for almost two years. He originally went to Spain on a 3 month tourist visa, but ended up finding a job and staying. His employer told him he was doing the paperwork that would allow him to stay on a work permit, but never actually did. This being so, my fiance was illegal in Spain for quite some time. Spain does not issue police records for illegal immigrants and although we have tried calling multiple embassies (brazil embassy in spain, spain embassy in brazil) they have told us that we won't be able to get a record. He had a minor incident with the police from a street fight, but only spent one night in jail. He had a court date, went, and they told him he had to leave the country since he was illegal, and he did. He has copies of all the court papers, but we are still unable to get the official police record.

Since police records are mandatory from each place the applicant has lived for over 6 months, what do we do?

We plan on being honest about the whole situation including his illegal stay in Spain and the fight. Will this cause problems? Will we still be eligible for the fiance visa?

Any advice or information would be greatly appreciated!

This whole process is so stressful!

Thanks for all the help

[Nik+Heather 121]

DOS knows you can't get it.

Check out the reciprocity table on their website. They are simply unavailable for illegal third country nationals, especially if you have already contacted the Brazillian consulate in Spain and they said they can't get it, then you've done all you can do.

http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3673.html#docs

Bring the court records, and I think that's all they can require.

[kelli316 0]

Ok. Thank you!

That's what I thought, but it's always nice having someone confirm just to be safe. I figured the court documents would be enough and any other information they want they'll have to get from Spain directly, which might prove to be just as impossible for them as it is for us! Who knows!

Since the court records are in Spanish, I'm assuming they will have to be translated in to English or Portuguese since he will be doing his interview in Brazil. That fight in Spain is the only run in he's had with the police so I'm hoping it won't cause us any trouble/delays.

Thanks again!

[DukeOfYork 28]

His employer told him he was doing the paperwork that would allow him to stay on a work permit, but never actually did.

Having lived in Spain for a few years myself, I can say I'm not surprised his employer didn't fill out the paperwork. Not surprised at all...

[kelli316 0]

Meghan- I think it did happen in the Albaicin!! Two drunk Spaniards were trying to pick a fight with my fiance and his friend (both from Brazil)... they had been watching a soccer game at a bar (wearing their Brazil jerseys, of course) and the Spaniards followed them for awhile and finally started pushing them around-they were looking to fight! Anyways... the police ended up coming and breaking up the fight and only arrested my fiance and his friend...the foreigners. Of course. They stayed one night in jail and then were released. A YEAR later, they had a court date and they were ordered to leave the country, which they did.

Now I'm all freaked out that he will get denied at his interview! We have a copy of the court records, but it obviously makes it all sound like their fault.

Can anyone answer- Is this a serious enough of a crime for denial?

He was sentenced to a year and a half in jail, a $2,000 fine, OR deportation. He obviously opted for the deportation, but worked it out with the judge that he could leave on the ticket he had already purchased to return home.

I'm terrified they are going to reject him just because of this!

To make it more clear, the Judge SUBSTITUTED deportation instead of using a sentence of jail time or the fine.

Does the fight constitute a crime of moral turpitude?

There were no weapons used. There was no permanent injury, disability, or disfigurement.

No prison time was served, nor fines ordered to pay. (substituted for deportation)

[Audy_Rob 26]

To make it more clear, the Judge SUBSTITUTED deportation instead of using a sentence of jail time or the fine.

Does the fight constitute a crime of moral turpitude?

There were no weapons used. There was no permanent injury, disability, or disfigurement.

No prison time was served, nor fines ordered to pay. (substituted for deportation)

"Fighting" does not constitute a crime of "Moral Turpitude."

[Audy_Rob 26]

Here is the Department of State's Guidelines for Crimes of Moral Turpitude:

http://www.state.gov/documents/organization/86942.pdf

The justification for my answer in the prvious post in this clause:

"b. Crimes committed against the person, family relationship, or sexual

morality which do not involve moral turpitude include:

(1) Assault (simple) (i.e., any assault, which does not require an evil

intent or depraved motive, although it may involve the use of a

weapon, which is neither dangerous nor deadly);"

EDITED to add:

Good luck.

Edited May 20, 2010 by Audy_Rob

[kelli316 0]

Here is the Department of State's Guidelines for Crimes of Moral Turpitude:

http://www.state.gov/documents/organization/86942.pdf

The justification for my answer in the prvious post in this clause:

"b. Crimes committed against the person, family relationship, or sexual

morality which do not involve moral turpitude include:

(1) Assault (simple) (i.e., any assault, which does not require an evil

intent or depraved motive, although it may involve the use of a

weapon, which is neither dangerous nor deadly);"

EDITED to add:

Good luck.

Thanks for the input. I have read their interpretations on crimes of moral turpitude already and I feel like we should be fine. However, any conviction probably doesn't look good to them! This process makes me second guess EVERYTHING!

It makes me feel better to get a second opinion.

[Audy_Rob 26]

Thanks for the input. I have read their interpretations on crimes of moral turpitude already and I feel like we should be fine. However, any conviction probably doesn't look good to them! This process makes me second guess EVERYTHING!

It makes me feel better to get a second opinion.

It is good your informed. It sounds like it was a minor altercation and does not fall in the class of THOSE crimes.

Do not worry excessively, just enough to be properly prepared.

Good luck.

[Kathryn41 3,205]

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