Will immigration fraud appear on police clearance?

[Roel 7,193]

45 minutes ago, Russ&Caro said:

The question of whether the OP's friend wants to move to USA was already answered in OP's latest post to this thread. The answer is no.

Not really. He said the friend want to get married and start the spouse visa.

If he didn't want to move to the US, why would the OP even bother to start this thread? It is confusing though.

[David & Diana R 1,005]

6 hours ago, Joseph789 said:

Hello, could you please advise me whether or not it will show on police clearence if someone who have convicted immigration fraud. One of my friend enter usa on a k1 visa back in couple years ago but his girlfriend went back to stay with her ex. she had withdraw i129f petition and ICE asked my friend to do the same and he did. he had no removal preceeding notice or deported but i believe he is over stayed in the usa. he is a nice guy and had never have DUI or other criminal at all. Please advise. Thank you

You should pack up all your stuff and move back to your country.  You cannot adjust since you didn't marry your fiance.  You are here illegally.  The sooner you leave the better for you.  Go home and try to find someone you really want to marry so when you come back, after a likely 10 year ban you will marry your fiance this time.

[caliliving 606]

3 minutes ago, David & Zoila said:

You should pack up all your stuff and move back to your country.  You cannot adjust since you didn't marry your fiance.  You are here illegally.  The sooner you leave the better for you.  Go home and try to find someone you really want to marry so when you come back, after a likely 10 year ban you will marry your fiance this time.

Um ok did u even read or understand the OP question????? Obviously not ad the op is not living here anymore!! Wow some ppl r so quick to judge:/

 

Did your friend overstay? I doubt an overstay in the USA would effect a spousal visa in Australia. And tjis isn't fraud....i think u r confusing 2 different things here! He may have a 3/10 year ban but u need to find out how long he was in the USA before he left. 

[Russ&Caro 1,549]

5 hours ago, Joseph789 said:

 he doesn't want to go back to usa at all.

Yeah, there are some serious reading comprehension issues in this thread among some of the posters in this thread. This is the last thing the OP wrote.

[Joseph789 0]

22 hours ago, caliliving said:

Um ok did u even read or understand the OP question????? Obviously not ad the op is not living here anymore!! Wow some ppl r so quick to judge:/

 

Did your friend overstay? I doubt an overstay in the USA would effect a spousal visa in Australia. And tjis isn't fraud....i think u r confusing 2 different things here! He may have a 3/10 year ban but u need to find out how long he was in the USA before he left. 

4

I think he is overstay for 3 years. 

[Boiler 45,912]

So a 10 year ban.

[Joseph789 0]

On 24/08/2017 at 7:28 AM, Starkilla09 said:

Immigration overstay and immigration fraud are completely 2 different things. People enter the U.S. all the time and violate conditions of their entry visas, however; that doesn't make them criminals. Immigration violations are civil offenses and not criminal ones that's why immigration holding areas are called "detention" and not jail. With that being said immigration violations don't appear on criminal background check records. It can only appear if the person was actually convicted or arrested for running an immigration scam network by the police. Now USCIS and State Department Bureau of Consular Affairs have access to a database with records of immigration history and violations and can share that information with possible allies such as Canada or themselves when someone seeks an immigration benefit such as a visa. Your the K1 overstayer friend probably has a 3 to 10 year bar from entering the U.S. depending on how long he overstayed.

2

2

He is overstayed about 3 years. I feel so wired that ICE stops him from appearing on the interview date and his interview was canceled. Let me just briefly write what I know from him. 

 

- The petitioner signed to withdraw i129f as the request by ICE after interview date canceled.

- My friend signed to withdraw it too.

- He did not go for an interview as told my ICE. 

- He has no removal proceeding notice.

- He didn't go to the court and there is no request for him to see the court.

- He went to a law firm and the lawyer asked his ID and SSN to pull out sth but nothing found in the record.

- The lawyer told him he won't be able to stay in the USA anymore and if he leaves USA, he won't be able to come back. Probably he has to serve certain time ban from entering USA.

- My friend filed for divorced and divorced paper issued last year.

- My friend went to Australia for work. He is holding official passport.  

- He is doing Master of information technology system for 2 years while working. 

- He found a nice girlfriend who respected him and understand the situation he been through in the USA. They will get engaged at the end of this year and planning to get married next year. 

- There is no reason for him to go back to usa after all.

 

What will it show in the police clearance? 

Is there any other way he can check it online for that record? 

What might be the problem when they files for spouse visa while he is onshore in australia?

 

[Roel 7,193]

1 hour ago, Joseph789 said:

 

- There is no reason for him to go back to usa after all.

 

1 hour ago, Joseph789 said:

What might be the problem when they files for spouse visa while he is onshore in australia?

 

?? If he is not going back to the USA then why is he trying to get a spouse visa? Spouse visa is for living in the USA? ....your friend also has 10 year ban started from the moment he left the USA. His spouse visa will be denied at the interview and he'll need a waiver.

 

No. Nothing will show on the normal police paperwork because there was no crime. It will show in the immigration systems when he will try to get a visa.

 

But again - why he even wants the spouse visa if he doesn't intent to live in the USA......

[Joseph789 0]

17 hours ago, Roel said:

But again - why he even wants the spouse visa if he doesn't intent to live in the USA......

1

A spouse visa is intent to live with his wife in australia, not usa. im sorry if im confusing everyone. He left USA a year ago back to his home country then he is on his work mission to work in australia. While he is in australia, he found his love one and they will get married next year. 

 

[Roel 7,193]

Then you're on the wrong forum. This is the USA immigration forums..

[caliliving 606]

6 hours ago, Boiler said:

So a 10 year ban.

Thank u boil.

 

 

The OP has a 10yr ban

[Boiler 45,912]

8 hours ago, Joseph789 said:

A spouse visa is intent to live with his wife in australia, not usa. im sorry if im confusing everyone. He left USA a year ago back to his home country then he is on his work mission to work in australia. While he is in australia, he found his love one and they will get married next year. 

 

Could you explain why you posted on a US immigration forum?

[TBoneTX 45,855]

VisaJourney is, of course, for immigration to the U.S.

This particular forum (where the post was moved) is for Emigration from the U.S.

[Boiler 45,912]

23 minutes ago, TBoneTX said:

VisaJourney is, of course, for immigration to the U.S.

This particular forum (where the post was moved) is for Emigration from the U.S.

This is about someone who is not a USC and does not live in the US.

 

Off Topic?

[-Trinity- 513]

I think he wants to find out whether someone here ( on a US immigration forum) can tell him if the overstay in the US will show up on the police records ( obtained in the US)  he need to provide for the immigration process in Australia.

 

I don't think it's necessarily odd to ask it here, since people who overstayed in the US might be able to tell him whether it shows up on the police records or not.

 

OP, I have no idea.