Impact of latest Feb 17, 2017 memorandum: DHS enforcement

pleaseforgive358

By pleaseforgive358,
in Criminal Issues

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pleaseforgive358 Advanced Member

pleaseforgive358

Posted
Posted

Per the new memorandum ( pdf attached): Memorandum: DHS Enforcement of Immigration Laws (2-17-17): "Department personnel should prioritize removable aliens who (1) have been convicted of any criminal offense (2) have been charged with any criminal offense that has not been resolved (3) have committed acts which constitute a chargeable criminal offense (4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency .. (7) in the judgement of an immigration officer, otherwise pose a risk to public safety or national security."

So, let's say somebody was arrested/cited for a crime (cimt/non-cimt) and he/she declared it in the i485  or Green Card  interview/application with case dismissed/conviction/etc. and GOT the Green Card. To make up an example let's say drinking alcohol was a CIMT criminal offense in a given state and someone gets arrested for drinking alcohol and the case is dismissed with probation. This person discloses this fact in the GC Application and during the interview (if he/she is interviewed) and is granted a Green Card.  And now this person travels and arrives at port of entry - per this memo is this person removable? From the way I read the memo with "ANY criminal offense" in every point it looks like this person will be removed/deported.

Experts please comment.

 

DHS-enforcement-of-immigration-laws.pdf

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sam3215 Advanced Member

sam3215

Posted
Posted
On 2/19/2017 at 3:59 AM, pleaseforgive358 said:

Per the new memorandum ( pdf attached): Memorandum: DHS Enforcement of Immigration Laws (2-17-17): "Department personnel should prioritize removable aliens who (1) have been convicted of any criminal offense (2) have been charged with any criminal offense that has not been resolved (3) have committed acts which constitute a chargeable criminal offense (4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency .. (7) in the judgement of an immigration officer, otherwise pose a risk to public safety or national security."

So, let's say somebody was arrested/cited for a crime (cimt/non-cimt) and he/she declared it in the i485  or Green Card  interview/application with case dismissed/conviction/etc. and GOT the Green Card. To make up an example let's say drinking alcohol was a CIMT criminal offense in a given state and someone gets arrested for drinking alcohol and the case is dismissed with probation. This person discloses this fact in the GC Application and during the interview (if he/she is interviewed) and is granted a Green Card.  And now this person travels and arrives at port of entry - per this memo is this person removable? From the way I read the memo with "ANY criminal offense" in every point it looks like this person will be removed/deported.

Experts please comment.

 

DHS-enforcement-of-immigration-laws.pdf

The new law for DHS is written in a way that any legal or illegal aliens with a criminal record let it be past few years back or new which has no outcome or case dismissed/convicted/ charges reduced or convicted these cases will be closely looked upon and may be denied entry/ visas/ GC/citizenship. Immigration officials have got lot of power to deny entry/visa and for GC holders from this new order. 

Immigration lawyers will be able to tell more or comment on it. Reality is be prepared for the worst in coming days. Don't travel outside US

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iamasaim123 Newbie

iamasaim123

Posted
Posted

This rule is mainly intended for immigrants who came in legally but overstayed, came in as immigrants(refugee) and became residents by getting GC (legal residents) or undocumented immigrants. It says legal residents(refugee with GC) and illegal immigrants. What you mentioned is not part of any of these. For safer side, avoid travel outside of US.

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iamasaim123 Newbie

iamasaim123

Posted
Posted

Guys... I got the answer directly from the horses mouth - CBP.  Please see below.

CBP INFO Center <customs@mailfg.custhelp.com>

1:29 PM (2 hours ago)
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to me
Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

Thank you for allowing us to be of service to you.

 
 Subject
Hi I have single misdemeanor DUI conviction on my record from 10 Years back. I a...
 
 Discussion Thread
 Response Via Email (CBP Officer) 02/09/2017 01:29 PM
Dear Vinodh,
You can re-enter the US with a valid passport and H1B visa.  The DUI is not a problem.  Please see the 1st link below.
 
Mark
 
 
Information for International Visitors to the US
 
About Visas - The Basics
 
Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

If you have any other questions or concerns, please feel free to call our toll-free number 877-CBP-5511 (877-227-5511).  From outside the United States, please call 202-325-8000 – you may incur charges from your telephone service provider for this call. Our service hours are Monday through Friday from 9 a.m.-4 p.m. Eastern Time. We are closed on all U.S. federal holidays.

We hope our answers ease your entry into the United States. Please understand these answers are informational only, The CBP officer who speaks with you upon arrival determines the admissibility of goods and visitors.

Thank you again for contacting the CBP INFO Center.

Sincerely,

CBP INFO Center

NOTE:  The answers provided in this forum are for general information purposes only.  Utilizing this forum does not constitute Reasonable Care under Informed Compliance guidelines.
 Customer By Web Form 02/02/2017 11:22 AM
Hi
I have single misdemeanor DUI conviction on my record from 10 Years back. I am a legal immigrant on the part to permanent residency. I am currently on H1B and an Indian citizen.

As per information in the CBP website, (https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses) a single DUI conviction is not grounds to deny entry into the U.S. I have entered few times into the US with no issues but for a secondary inspection.

I am in fear now. If I had to go to India on a family emergency or death, would I have any problem re-entering.

Appreciate your help in clarifying.

Sincerely 
Vinodh Narayanan
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shabee Advanced Member

shabee

Posted
Posted

Here is my case. I am on H1B valid until sep 2017 and was arrested in dec 2016 on DWI. the charges on me are yet to be filed. I got hold of an immigration attorney on justhelp briefed him on my case status and asked him whether the recent memo has any implication on my case. This is his response

"Yes, it does. Even before this far reaching memo came out, as you probably know, the U.S. Embassy in India began to revoke visas where a person was even arrested for DUI, much less convicted of it. So it is problematic at this time. As long as you are not arrested again, I don't see anyone coming to your door to place you in Removal Proceedings, but I strongly recommend that you hire a very good criminal defense attorney that has experience in immigration law. You can look for one at www.ailalawyer.com. Use this attorney to try to avoid a conviction, or failing that, try to reduce the charges to something less than a DUI like disorderly conduct. And also you may want to undergo medical screening and get a medical report that shows that you do not have an issue with alcohol and are not a danger to the community in the U.S. This probably won't be an issue until you travel, but start collecting evidence now that will help if it becomes an issue in the future. "

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walrus80 Newbie

walrus80

Posted
Posted

Hi all,

I asked CBP if I could travel using Advance Parole with  a Domestic violence arrest with not charged or conviction, rejected by the prosecutor. I received the following feedback.

 Response Via Email (Public Information Officer) 02/22/2017 07:31 AM
Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

Under this executive order, ICE will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crime, beginning with those convicted of a criminal offence.
We are unable to clear or approve travel documents through this forum.
 
Also I asked a couple of immigration lawyers (one of them worked for USCIS), she suggested not to travel and the second lawyer (with more experience) said I should not have any issue to enter to US.
 
I am very confused with all this information.
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sam3215 Advanced Member

sam3215

Posted
Posted
5 hours ago, shabee said:

Hi all ,

           I talked to my immigration lawyer , a reputable one in Houston area in the wake of new DHS memi. He told me that I am perfectly safe.

FYI , my case is that I am on H1B and was arrested in Dec 2016 for DWI. Charges are yet to be filed.

 

good luck with your case.. get it dismissed.

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deep4228 Advanced Member

deep4228

Posted
Posted

I also spoke to an Immigration Attorney,he too said it is technically applicable to 'removable Aliens'  ( i.e.., all Illegal Immigrants),If you have legal status (i..e., USCIS has granted you VISA after knowing fact under pretty Exception Or you are not convicted as per Immigration Standards-No Probation/No fines/No Plea Bargain / No Pre-Trail Diversion etc ) then you are Safe.If you travel outside ,obviously there will have greater scrutiny & discretion at Stamping and POE than what it was before..

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sam3215 Advanced Member

sam3215

Posted
Posted
On 2/23/2017 at 11:53 AM, walrus80 said:

Hi all,

I asked CBP if I could travel using Advance Parole with  a Domestic violence arrest with not charged or conviction, rejected by the prosecutor. I received the following feedback.

 Response Via Email (Public Information Officer) 02/22/2017 07:31 AM
Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

Under this executive order, ICE will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crime, beginning with those convicted of a criminal offence.
We are unable to clear or approve travel documents through this forum.
 
Also I asked a couple of immigration lawyers (one of them worked for USCIS), she suggested not to travel and the second lawyer (with more experience) said I should not have any issue to enter to US.
 
I am very confused with all this information.

looks like thos who are legal aliens with visa/gc need to worry before traveling outside with an arrest record and no conviction.

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walrus80 Newbie

walrus80

Posted
Posted
On 2/24/2017 at 0:05 PM, century_new said:

looks like thos who are legal aliens with visa/gc need to worry before traveling outside with an arrest record and no conviction.

I understand it applies only if you are only a removable alien, based on the current law if I have an arrest with not charged/conviction and I did not admit to commit it CBP shouldn't deny the entry.

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