tattoo denied him

[Kim Mertens 54]

What I have found on the laugh now cry later tattoos is that it used to be a gang tattoo especially on the west coast.

Now in the US it`s widely used, but in Mexico lots of gang members still get it.

It`s a gang symbol for the m13 or Mara Salvtrucha.

I understand why the USCIS don`t take it lightly, but at the same time, if your partner is really not in a gang I would do whatever is in your power to convince them.

Removing them would not make them "unsee" it but it would show that it doesn`t mean that much to him, which is a good sign. I`d also get letters from whoever is close to him or even his employer stating he is a good person.

Edited September 24, 2015 by Kim&Clint

[Unidentified 2,930]

I doubt just having it removed is going to change anything. It doesn't prove he's not in a gang, it just means he removed a tattoo. Find a way to convince them he's not in a gang.

[shellylule 0]

Yes I agree we r going to fight it and prove that he never was in a gang he is a good man and a great father but I'm worried that it will be hard to change there mind I have been with him for so many years and never I mean never would I have stay and got married and had 4 kids by a gang member it just broke my heart but I also understand to they have to protect us but it's not who they say he is I'm so broken and lost

[AB loves AG 54]

Ok so my husband had his interview on June 4 and they were asking him has he ever been in a gang he said no to make a long story short he got denied do to reason to believe he is affiliated to criminal active so what do I do from here do we have a chance to come together again legally we have been married for 8 years have 4 kids together I'm just sad I talk to my lawyer and they will fight this but I'm scared they won't let him back

They won't let him back? Was he ever in the US?

[thairath 4]

What were his reasons for getting that particular tattoo?

[Boiler 46,103]

Especially at the US consulate in Ciudad Juarez, some suspected former gang members are being permanently barred from the US regardless of how long ago the alleged gang membership was. Tattoos that can be seen during the standard medical exam are the common way potential former gang members are indentified, but police reports are also used. "Suspicion of gang membership" is the current, vague standard. The section of law being used to keep out former gang members is a section of law that actually related to an intent to commit crimes in the future. In my opinion, this is an abuse of that section of law where an applicant is clearly no longer a member of the gang. Nonetheless, the risk to applicants remains.

http://www.scottimmigration.net/definition/SuspectedGangMembers

[Boiler 46,103]

Actually it used to be something more Thespian related, I see to remember a TV series in the UK where this was part of the opening credits?

[IcezMan_IcezLady 582]

Op's husband never admitted to gang affiliation.

I doubt he randomly picked that tattoo depending on his age. If he is a young man then the other interpretation of the tattoo might not hold unless he has written statements from various people to vouch for him. Those statement cannot be from his family alone.

The guy may not be a gang member but could be a fan .

OP has a tough battle because if the gang affiliation was the cause of his denial, he might be flagged and barred, so regardless of CO that interviews them again, he might not be able to move here. That is unless, OP gets written statements and lot of evidence to show good behavior and anything to show that he is an exemplary citizen .

Goodluck

[LoveWarrior 7]

I would have him removed the tattoo and ask embassy for the chance of second interview. He could mention that he wasn't aware of that tattoo could be related to any group he did that when he was teenager just because it was fun among teenager and it was in trend. He could prove he is not affiliated by showing no criminal charges until now, and two close witnesses signature and notarized that they know he is not related to any criminal gang group. That is all I can think..

[Boiler 46,103]

How do you prove a negative, most gang members have not been arrested, still gang members.

You can not get Police Reports in Mexico, not required by the Consulate.

And as has been mentioned removing it now is too late, common issue with CDJ and an experienced Lawyer would have asked.

[LoveWarrior 7]

Then the best option is Lawyer. Again how lawyer is going to prove negative. That is a dilemma..

[Boiler 46,103]

Probably too late, damage done.

[pushbrk 13,111]

they are already aware of the tattoo, so removing it won't change the fact they think he is affiliated with a gang.

That is correct. Also, if he lied about being involved with the gang, he was not denied for the tattoo, or even for being in a gang. He would have been denied for making a material misrepresentation. That carries up to a lifetime ban from entering the USA. The attorney is right, it recommending fighting it, IMO, but while the tattoo testifies against him, it is not the tattoo, or the gang involvement that's the problem now, if he lied about it.

[IcezMan_IcezLady 582]

I would have him removed the tattoo and ask embassy for the chance of second interview. He could mention that he wasn't aware of that tattoo could be related to any group he did that when he was teenager just because it was fun among teenager and it was in trend. He could prove he is not affiliated by showing no criminal charges until now, and two close witnesses signature and notarized that they know he is not related to any criminal gang group. That is all I can think..

"Two close witness.." is not good enough.

Suspicion of gang affiliation is a big deal... Everyone knows that gang members family will not say anything negative about them.

[Boiler 46,103]

That is correct. Also, if he lied about being involved with the gang, he was not denied for the tattoo, or even for being in a gang. He would have been denied for making a material misrepresentation. That carries up to a lifetime ban from entering the USA. The attorney is right, it recommending fighting it, IMO, but while the tattoo testifies against him, it is not the tattoo, or the gang involvement that's the problem now, if he lied about it.

There is a waiver for Misrep, but not for Gang Bangers.