Case filed for a theft now in US

[Gumbolette 58]

My mom is a member of an public transportation organization in the Philippines. Their President stole money from the organization over 1 million pesos. The organization is now in the verge of filing a case against him but the concern is; he, his wife and son just arrived in the US couple of days ago. They were petitioned by his daughter.

Fellows, please help us gather info on what is the best way to do so that ####### would repay and able to face justice in the Philippines.

I told my mom to tell their lawyer to report his crime to the USCIS so that once he adjust status there is a flag on his name.

Is that a good idea?

Thank you.

[Pinay Wife 47]

Since the case is yet to be filed and cases can drag on for years, there is nothing much your Mom can do at this time. Hindi siya convicted of a crime so walang basis to report him to the USCIS. He is innocent until proven guilty. And since he was successfully petitioned, he cleared US background checks and presumably issued with NBI clearance.

Makakabawi lang siguro yung organization kung ituloy yung kaso tapos nanalo sila and then magbakasyon yung presidente tapos may naghihintay nang warrant of arrest.

Edited June 16, 2010 by Pinay Wife

[Gumbolette 58]

what if may case na, and of course he needs to appear in the court... he will adjust his status and of course if there is a pending case against him, if the USCIS sees that, his adjustment of status can be probably put on hold?

Edited June 16, 2010 by Cutie_Patootie

[Pinay Wife 47]

what if may case na, and of course he needs to appear in the court... he will adjust his status and of course if there is a pending case against him, if the USCIS sees that, his adjustment of status can be probably put on hold?

A pending case is just a pending case. Lalo dito sa America, he is innocent until proven guilty. Kahit may nakasampang kaso, you cannot force him to go back to the PI to appear in court dahil safe na siya dito sa US. Ang pwede lang magawa ng court sa Philippines is dagdagan ang kaso nya ng contempt of court kung di sya sisipot sa hearing. Pero paano din siya mase-serve ng summons ng Philippine court kung nandito na siya sa US? Since he is out of the Philippines, mahirap na siyang habulin. Di ba nga yung mga criminal sa Philippines, dito nagtatago sa ibang bansa dahil mahirap silang galawin pag nasa ibang bansa na? Kung sana na-file ang case bago siya na-background check ng US embassy baka na-hold pa ang pag-issue ng visa at ng NBI clearance hanggat di nya ma-clear yung pending case against him. Also, even if he is convicted, the crime was committed in the Philippines. Since andito na siya sa US, although it may sound unfair, safe na siya kasi far as the US is concerned, wala siyang crime na na-commit dito sa US, unless na lang na may extradition request ang government natin pero pag mga estafa lang, baka nga hindi pa extraditable yun.

Sana mabasa ito ni "jom" she was a lawyer in the Philippines. She should be able to give a more credible reply.

Very frustrating talaga pag may mga manloloko na hindi napaparusahan pero alam mo kakarmahin din yun. Umiikot ang mundo at hindi natutulog ang Diyos.

[Gumbolette 58]

A pending case is just a pending case. Lalo dito sa America, he is innocent until proven guilty. Kahit may nakasampang kaso, you cannot force him to go back to the PI to appear in court dahil safe na siya dito sa US. Ang pwede lang magawa ng court sa Philippines is dagdagan ang kaso nya ng contempt of court kung di sya sisipot sa hearing. Pero paano din siya mase-serve ng summons ng Philippine court kung nandito na siya sa US? Since he is out of the Philippines, mahirap na siyang habulin. Di ba nga yung mga criminal sa Philippines, dito nagtatago sa ibang bansa dahil mahirap silang galawin pag nasa ibang bansa na? Kung sana na-file ang case bago siya na-background check ng US embassy baka na-hold pa ang pag-issue ng visa at ng NBI clearance hanggat di nya ma-clear yung pending case against him. Also, even if he is convicted, the crime was committed in the Philippines. Since andito na siya sa US, although it may sound unfair, safe na siya kasi far as the US is concerned, wala siyang crime na na-commit dito sa US, unless na lang na may extradition request ang government natin pero pag mga estafa lang, baka nga hindi pa extraditable yun.

Sana mabasa ito ni "jom" she was a lawyer in the Philippines. She should be able to give a more credible reply.

Very frustrating talaga pag may mga manloloko na hindi napaparusahan pero alam mo kakarmahin din yun. Umiikot ang mundo at hindi natutulog ang Diyos.

Thanks Pinay Wife. You definitely gave me some infos that I can share to those people whom that ####### demolished.

I hope Joms can give some more info.

Thanks ulit.

Edited June 16, 2010 by Cutie_Patootie

[jom 4]

If he is already here in the US, there is not much the group can do. Although they can still file the case and there will be a standing warrant of arrest for him if he decides to come back for a vacation. Our Philippine government has no jurisdiction on him now being here..as long as he didnt commit any crime here in the US, he should have no problem adjusting his status.

Sorrt to hear about your mom's predicament

[Gumbolette 58]

If he is already here in the US, there is not much the group can do. Although they can still file the case and there will be a standing warrant of arrest for him if he decides to come back for a vacation. Our Philippine government has no jurisdiction on him now being here..as long as he didnt commit any crime here in the US, he should have no problem adjusting his status.

Sorrt to hear about your mom's predicament

thank you Ms.Joms. Surely this is so disappointing to my mom's organization.