FBI trouble

[misisT]

I and my husband are now in the final process of our application under FSW. We just had our medicals done. However,we are being asked to submit FBI clearance since we overstayed in USA for 4 and 6months respectively. While in the US, we bought a car, opened bank accounts in several banks, and now Im worried that this would affect our FBI clearance report.

 

[nishesh3003]

I and my husband are now in the final process of our application under FSW. We just had our medicals done. However,we are being asked to submit FBI clearance since we overstayed in USA for 4 and 6months respectively. While in the US, we bought a car, opened bank accounts in several banks, and now Im worried that this would affect our FBI clearance report.

Sorry to say this but I do not see an option here.

 

[future_canadian]

I and my husband are now in the final process of our application under FSW. We just had our medicals done. However,we are being asked to submit FBI clearance since we overstayed in USA for 4 and 6months respectively. While in the US, we bought a car, opened bank accounts in several banks, and now Im worried that this would affect our FBI clearance report.

Your PCC from the FBI contains any criminal record you may have. If you overstayed but left without any kind of criminal case being filed, or any deportation hearing, probably nothing will show up on your PCC. But I can't be sure of that, you will have to order it and see what happens.

Also consider whether you needed to answer yes to question 6(e) of the background declaration form, and whether you answered truthfully.

It is absolutely mandatory to submit the PCC. If you don't your application will be rejected. So just hope for the best.

 

[jazv4]

I and my husband are now in the final process of our application under FSW. We just had our medicals done. However,we are being asked to submit FBI clearance since we overstayed in USA for 4 and 6months respectively. While in the US, we bought a car, opened bank accounts in several banks, and now Im worried that this would affect our FBI clearance report.

FBI report only contains criminal charges, arrest warrants or info related to crimes commited while in the US. Opening a bank account, buying cars, obtaining credit cards in the US are not crimes, thus it will never show on you FBI report.

Overstaying your visa won't show either unless (as future_canadian says) you were arrested, or appeared before a immigration court or a warrant for your arrest has been issued. If you left out of your own accord, you are in the clear.

From the FBI website, this is what shows on you report.
An Identity History Summary—often referred to as a criminal history record or a “rap sheet”—is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service.

If the fingerprints are related to an arrest, the Identity History Summary includes name of the agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in an Identity History Summary is obtained from fingerprint submissions, disposition reports, and other information submitted by agencies having criminal justice responsibilities.

 

[misisT]

Thank you very much for all your replies. We just found out that my relatives in the US once received mails for me when I had gone back to my home country. They mentioned these two came in:

1. A mail from the bank where it says I need to settle the penalties for an unclosed account.
2. A mail that came from DMV (they're not sure) that says I needed to show up for a court hearing. Yes I was once pulled over because I hadn't stopped after a school bus (I wasn't aware of this rule as it is not practiced in our home country). But I settled my penalty of $100 outright when the policeman brought me to the nearest station. I tried to beg off as a tourist but they didn't buy it. And so I didnt bother to argue anymore. I thought you would only be required to appear before a court hearing if u argue that you're not guilty with the charge. The very reason I settled for the penalty even if it was my last money at that time. To avoid trouble and save my name from appearing in any federal agencies. During that time by the way, my papers were still valid, yet near expiry.

My relatives in the US didn't want anything to do with our wrongdoings during our stay and we understand when they just mailed these letters back to senders claiming that we were no longer living with them. They didn't want to be in trouble with the USCIS also as they had pending citizenship application at that time..

Do you think the visa office would allow us to get this far in our application if they couod see something in our record with fbi. Im afraid it will come ous as if we're convicted even if we're no longer there..

Please enlighten us if you can..

 

[jazv4]

Thank you very much for all your replies. We just found out that my relatives in the US once received mails for me when I had gone back to my home country. They mentioned these two came in:

1. A mail from the bank where it says I need to settle the penalties for an unclosed account.
2. A mail that came from DMV (they're not sure) that says I needed to show up for a court hearing. Yes I was once pulled over because I hadn't stopped after a school bus (I wasn't aware of this rule as it is not practiced in our home country). But I settled my penalty of $100 outright when the policeman brought me to the nearest station. I tried to beg off as a tourist but they didn't buy it. And so I didnt bother to argue anymore. I thought you would only be required to appear before a court hearing if u argue that you're not guilty with the charge. The very reason I settled for the penalty even if it was my last money at that time. To avoid trouble and save my name from appearing in any federal agencies. During that time by the way, my papers were still valid, yet near expiry.

My relatives in the US didn't want anything to do with our wrongdoings during our stay and we understand when they just mailed these letters back to senders claiming that we were no longer living with them. They didn't want to be in trouble with the USCIS also as they had pending citizenship application at that time..

Do you think the visa office would allow us to get this far in our application if they couod see something in our record with fbi. Im afraid it will come ous as if we're convicted even if we're no longer there..

Please enlighten us if you can..

For the first case, you don't have anything to worry about. As I said before credit card and bank related issues are between you and the agency. At most they can send you to collection. But all of that will show in your credit report NOT your criminal background check. They are completely unrelated.

For the second case, you MIGHT have some issues. DMV does not usually send court hearing notices, but actually the county clerk were your ticket was issued. If you didn't show up to the hearing, must likely you will be held in contempt of the court and a arrest warrant will be issued for you. So, if they have your US driver's licence info and all your info, it might show on your FBI report.

The best thing you could do for this, is to contact the county clerk were you got the ticket (sometimes you can check online about the status of your ticket), find out what is your status and try to find a solution before you get the criminal check.
I think they might be able to offer you a solution since you're outside the US and you cannot longer get back.
If an arrest warrant has been issued, then you will have to pay the fine and get a bail bond. then settle the ticket.

 

[2011july20]

FBI report only contains criminal charges, arrest warrants or info related to crimes commited while in the US. Opening a bank account, buying cars, obtaining credit cards in the US are not crimes, thus it will never show on you FBI report.

Overstaying your visa won't show either unless (as future_canadian says) you were arrested, or appeared before a immigration court or a warrant for your arrest has been issued. If you left out of your own accord, you are in the clear.

From the FBI website, this is what shows on you report.
An Identity History Summary—often referred to as a criminal history record or a “rap sheet”—is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service.

If the fingerprints are related to an arrest, the Identity History Summary includes name of the agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in an Identity History Summary is obtained from fingerprint submissions, disposition reports, and other information submitted by agencies having criminal justice responsibilities.

Being on deportation without any criminal activity will not show up in your criminal history. However, you need to SETTLE ALL government or its agencies any money owed! This is NOT optional.