Past Prison Time in Mexico a Problem? CIMT?

[JenT 0]

Is the judicial system that corrupt in mexico?

Is this a trick question?

[misa 2]

To the OP, you may also want to attend Laurel Scott's free online chat on Wednesdays for some advice: http://visacentral.net

[Caladan 19]

You have to declare all past crimes. Not just those that may appear on a Police Certificate.

Boiler's made the point I was going to. You have to disclose arrests, too, and the U.S. usually does not recognize other countries' pardons or expunging the records as overriding the crime indicating moral turpitude. If he's found inadmissible, then you qualify as a relative to file an I-601 waiver, where you, the USC, argue that it would be an extreme hardship to you to relocate to your fiance's country.

On this sort of thing, the devil is 100% in the details. How old was he? Was he the driver? Was he found not guilty or did he plea? Were there one charge or many? (If this were a drug case, the difference between 'no problem' and 'inadmissible' might be something as simple as 'were they on a street corner near a school?')

And that's well beyond anyone's expertise here. A site like visajourney is only good insofar as the experiences are shared. Get yourself a good lawyer. (People over at immigrate2us.net probably will have good suggestions for one.)

As far as inadmissible goes, if he was not convicted then he would not be inadmissible. If he was then it is probably considered a CIMT and would have to file a waiver. If it is just an arrest, he would have to say he was arrested. If he started explaining all the details, then I am sure the CO will look at him in a different light just as the folks on this site have. It is a pretty horrific type of situation that most average people would be very concerned about. I wouldn't recommend going anywhere without a lawyer on this one.

One of the weird bits of the regulations is that confession to a consular officer can count, for visa purposes, as sufficient evidence to exclude someone. One way this might come up: girl is a prostitute, but calls herself a massage parlor worker (no arrests, but everyone in the area knows the euphemism), CO questions her gruellingly, she admits to it, she's inadmissible. Or someone admits to drug use during the medical. Even if the petitioner wasn't convicted. It's a bizarre area of law.

So the guy (hypothetically) could have been found not guilty due to bribery or his sister pulling strings, but were he to confess it in an interview blithely, the CO could certain use that to find him inadmissible. Hence, lawyer up.

[archie07 0]

Is the judicial system that corrupt in mexico?

Is this a trick question?

No, not at all. I know very little about the mexican judicial system.

[Chica Yeyé 41]

According to reciprocity in the USCIS website, police certificates are not available from Mexico. I am a Mexican citizen and never even bothered to ask for one while doing my process (we were living in Canada at the time), and was never asked for one at my interview (I had only my Canadian one). If there are records of arrests I am not sure - find out with the Procuraduria General de la Republica or the Procuraduria General of whichever state he resides in.

Good luck, L.

[amiquechu 0]

I agree with all of the above, but a crime of this magnitude just "Disappearing" I find hard to believe. There may be more to this than the OP knows. Is the judicial system that corrupt in mexico?

I don't know about Mexico, but a friend of mine who used to live in Peru said he's heard of cases of people there to be able to murder someone and get acquitted by paying the judge (or whoever he told me that presides over the case) a big sum of money and it just goes away. I think wherever there is extreme poverty there will also lie extreme corruption.

I have American and Mexican friends who, while they haven't heard of cases of murder going away, they say the police in Mexico are extremely corrupt due to the fact that their salaries are ridiculously low. A lot of them look for gringo drivers to pull over for no reason just so they can get $20 here, $20 there (give or take). Making a murder or other serious crime go away doesn't seem like such a stretch for Mexico.

No judgment here, just restating what I've heard.

As for the phrase "we are who we hang out with", this is extremely true. Peer pressure is human nature. We have the choice to make our own decisions, but many people end up doing things (good or bad) to fit in with those who we hang out with. A basic human need is feeling of acceptance. Again, not passing judgment...it's just the way humans are.

[Fandango 1,439]

Let's not get hung up on the technicalities of whether it's expunged or not. The question is, 'have you ever been arrested' The second he says yes, he's got some splainin to do. Or he lies (which I would NEVER recco) and possibly gets caught/barred.

[wjr 3]

I agree that his past behaviour is questionable,

you think thats ONLY questionable? he can live on your street then, next to you.

and i didnt say anything about his country in specific. I said we dont need any imported criminals from any other country, meaning any country in general. we have enough crime here for us all.

sorry i didnt break out the cookies and milk for her post. but dumb things 18 year olds do dont include helping dispose of a murdered body. at least not in my book.

i didnt know this site was for coddling people, good to know that other site welcomes that kind of behavior or history with open arms.

And for good or bad, we also learned at 6 years old " we are who we hang out with" .

Chris

[wjr 3]

And for good or bad, we also learned at 6 years old " we are who we hang out with" .

and that quote is refering to him and his choice to hang out with guys doing bad things. He had a choice there. ( not her as it appeared after i read it.)

Chris