Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Criminal Immigration Issues
Register Entertainment FAQ Calendar Mark Forums Read

Criminal Immigration Issues Dealing with INS and other related issues.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-29-2017, 02:58 AM
angel7919 angel7919 is offline
Registered User
 

Join Date: Oct 2017
Location: California USA
Posts: 4
Thanks: 3
Thanked 1 Time in 1 Post
Default Moving to Germany to study after being deported to MX

Hello. new here just had this question that has been bothering us since my brother got deported 4 yrs ago to Mexico.

Well it all started when he got arrested for a DUI at first he got arrested with a felony DUI since his ex gf said she got hurt, but then went to court said she didn't and they dropped the charges to a misdemeanor. They were going to release him, but ICE put a hold on him and got deported. BTW, He came in with a visa when we were lil back in 1992.

Well after 3 months of being there in Mx, he enrolled in school, its been almost 4 yrs since and he already graduated, he got a bachelors degree in industrial engineering. All the family wants him to get out of there he has been robbed 3 times, once he even got stabbed in the face with a screwdriver, he is ok tho. And besides that it is very hard to get a job if you have no experience and are over 30, he is 37.

A yr ago he started looking around and found out that he can do a masters degree in Europe with his BSC in Mexico. The countries that sounded better were Germany, Austria and Italy. He ended up applying to all 3, but got accepted to a uni in Germany. He already started some german courses 8 months ago.

He needs a student visa and to get this he needs the acceptance letter (which he got) and a blocked account with 8700 euros so he can survive and stuff, then he an get a part time job there. We couldn't get the money for this winter so he did not go to the visa appointment, but saving so he can try in February or march of 2018.

My question is:
I know that the UK, Ireland, Canada, Australia share data and the United States. He is gonna apply and never mention he lived in the US. Do you guys think that his deportation will come up? or do you guys think that they will only look for his record in Mexico? They do not ask if you have ever been deported in the student visa application, only if you have a criminal record, and he is clean in Mexico. I also read that getting deported is not criminal.

We think that since Germany and the US are not connected. They're gonna see that he has lived in Mexico and are just gonna check in Mexico. We don't think there is any need for them to be looking else where even if they shared data. But need some "words of wisdom" lol.

Please only reply if you have had any experiences and or if you know about the situation please. We are hoping he can just move so we can go visit him there in Germany.

Thanks a lot for your time

Last edited by angel7919; 10-29-2017 at 03:07 AM..
Reply With Quote
Sponsored Links
  #2  
Old 10-29-2017, 05:41 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 24,825
Thanks: 34,888
Thanked 17,197 Times in 10,380 Posts
Default

Welcome to Prison Talk. I hope you get answers from folks who know which computer data bases Germany checks when processing student visas. Answer the questions they ask, no more, no less.
__________________
Reply With Quote
  #3  
Old 10-29-2017, 11:43 AM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,382
Thanks: 3,986
Thanked 19,681 Times in 7,091 Posts
Default

Personally, I'd hire an attorney in Germany if possible. The US, Mexico, and Germany are all members of Interpol. Germany does do background checks for visas. I'd wager he's going to show up. Want to minimize the problems that causes? Contact a German attorney. Want to minimize the problems lying on a visa application causes? Contact a German attorney.

Never lie on a government form like that if you expect to ever go into that country once you've been discovered. Depending on the laws in Germany, such a lie could result in pretty severe consequences, especially with a record of deportation.
Reply With Quote
The Following 2 Users Say Thank You to yourself For This Useful Post:
fbopnomore (10-29-2017), xolady (10-29-2017)
  #4  
Old 10-29-2017, 12:15 PM
Marseille's Avatar
Marseille Marseille is online now
Registered User
 

Join Date: Jun 2008
Location: South Dakota, USA
Posts: 1,345
Thanks: 598
Thanked 2,167 Times in 751 Posts
Default

Might be tough to find someone who has had this exact experience but I implore you to use common sense here. This isn’t 1950. There’s a a computerized paper trail of everyone in any developed country... especially one who has had some significant government interactions in their lives... such as a deportation. Assuming the officials in Germany won’t find out is foolhardy. Be honest now and save yourself the consequences and cost of being discovered later.
__________________
Reply With Quote
  #5  
Old 10-29-2017, 01:51 PM
maytayah's Avatar
maytayah maytayah is online now
Lil British Site Moderator

Staff Superstar Winner PTO Site Moderator 

 

Join Date: Mar 2013
Location: England Uk
Posts: 5,057
Thanks: 4,674
Thanked 6,439 Times in 2,934 Posts
Default

If he is going to apply for a study or work visa for Germany or any other developed countries they will run back ground checks on his criminal history and immigration. This may well bar him from entry.In some coutries some things are deemed spent after a certain period of time. Lying will be found out and normally result in a visa being denied.
Like others have said speak to a German immigration attorney.
__________________
"Do not judge me by my successes, judge me by how many times I fell down and got back up again." Nelson Mandela.

Who cares what they say about us? Because when I am with you I am standing with an army
Reply With Quote
  #6  
Old 10-29-2017, 04:48 PM
angel7919 angel7919 is offline
Registered User
 

Join Date: Oct 2017
Location: California USA
Posts: 4
Thanks: 3
Thanked 1 Time in 1 Post
Default

So, does any of you guys know for sure if Germany shares data with the US like the Us does with Canada, UK, Australia?
We have talked to attorneys here in the US and they even said deportation is not a criminal offense and his DUI was a misdemeanor.

Thanks
Reply With Quote
  #7  
Old 10-29-2017, 07:45 PM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 4,153
Thanks: 7,061
Thanked 3,968 Times in 2,127 Posts
Default

I don't know my gut instinct say's just be honest on any application. I know plenty of people from other countries and I have known a lot who have been deported. Just have him be honest.
Reply With Quote
  #8  
Old 10-29-2017, 08:50 PM
Tufahije's Avatar
Tufahije Tufahije is offline
Registered User
 

Join Date: Aug 2016
Location: Outer Space
Posts: 221
Thanks: 219
Thanked 185 Times in 106 Posts
Default

**** I wrote a lot more in my reply but I have edited it to say this. I have reviewed the information I received when applying for a visa and the answer is that you will not be requested to provide a background check
in order to receive a visa. However, if you brother wants to work in Germany like you say, his employer can request it. Sorry, I was answering from a Bosnian perspective. If I remember similar applications correctly, applicants are asked to list their last places of residency over a certain time frame. The opportunity to contact American authorities will be there and since German - USA relations are good and typical of any Western democracy, there is a good chance any charges or legal infractions will show. But not all applications are checked...

When asked if you have a criminal record on these kinds of applications, always tell the truth. Provide your own background / criminal record check [or be prepared] to show that the charges were not serious. It will be up to the authorities to decide if they are serious enough to deny entrance. The Schengen Agreement countries are more lenient with criminal records than countries in the Anglosphere. These sort of things will not ruin the chances of your application but lying and being found out will. Be honest.

Your brother should be consulting the international student office at his prospective university for direction. A facilitator may be able to answer this question right away. I am also editing this to say to consult a lawyer.

Last edited by Tufahije; 10-29-2017 at 09:43 PM.. Reason: needed to streamline information
Reply With Quote
The Following 4 Users Say Thank You to Tufahije For This Useful Post:
angel7919 (10-29-2017), marie8899 (10-29-2017), onparoleinTO (10-29-2017), xolady (10-29-2017)
  #9  
Old 10-29-2017, 10:18 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,382
Thanks: 3,986
Thanked 19,681 Times in 7,091 Posts
Default

The US is a Schegen country, as is Germany. If the DUI and deportation do not disqualify him, lying on his ap more than likely will.

He needs to consult with a German immigration attorney. He also needs to contact the international student coordinator after he's consulted and gotten approval of his immigration attorney.

It's either that, or gamble. And as he knows, it just takes one false step and he's being deported back to Mexico.
Reply With Quote
  #10  
Old 10-30-2017, 01:34 AM
angel7919 angel7919 is offline
Registered User
 

Join Date: Oct 2017
Location: California USA
Posts: 4
Thanks: 3
Thanked 1 Time in 1 Post
Default

^^ Sorry, but the US was never a Schengen Country, UK and Ireland were but I believe they are not any longer and those 3 do share data, but since theyre not Schengen anymore.....then ?

And yeah takes one missed step to mess up.

Last edited by angel7919; 10-30-2017 at 01:56 AM..
Reply With Quote
  #11  
Old 10-30-2017, 04:08 AM
Twinkle82 Twinkle82 is offline
Registered User
 

Join Date: Aug 2016
Location: Europe
Posts: 105
Thanks: 67
Thanked 84 Times in 57 Posts
Default

Does he have parents or grandparents from any European country where he could claim citizenship through them. If you become a citizen of an EU country you have free movement through the other EU counties.
Reply With Quote
  #12  
Old 10-30-2017, 07:31 AM
Tufahije's Avatar
Tufahije Tufahije is offline
Registered User
 

Join Date: Aug 2016
Location: Outer Space
Posts: 221
Thanks: 219
Thanked 185 Times in 106 Posts
Default

Quote:
Originally Posted by angel7919 View Post
^^ Sorry, but the US was never a Schengen Country, UK and Ireland were but I believe they are not any longer and those 3 do share data, but since theyre not Schengen anymore.....then ?

And yeah takes one missed step to mess up.
The USA is party to Schengen insofar as that its citizens are able to travel to agreement countries and travel freely for a short period without a visa. But in regards to your comment, and the previous poster, when we refer to these countries [the Schengen countries...] we are referring to those that share a common visa policy and diminish borders in Europe.

Okay, so, there is no international database where all criminal records of people are stored. Yes, angel7919, as we discussed privately, there are numerous databases that Interpol member states use [ ~ 192 countries ] but these records must be submitted to these databases by the sovereign countries themselves. However, Interpol databases each focus on specific tasks or what has been submitted by members, for instance, nuclear materials, arms trafficking intelligence + common suspects, stolen travel documents, counterfeiting... Interpol has National Central Bureaus that aid in building these databases but their focus is cross - border [international...] investigations.

In Europe, at least in the EU member countries, they use the ECRIS database. This is possible because EU membership means a streamline in visa, immigration and legal procedures. As a result, if you have a criminal record in an EU member country, it will show up if you show up in Romania, France or wherever. But as I said, it is up to the authorities in these countries to decide if you are inadmissible.

And as discussed throughout this thread, we know that the USA, Canada, UK .... exchange this kind of information. This is the case because they have an international agreement that permits this. If there is no international agreement that allows the free exchange of information, there are barriers to how much a country can learn about you. As far as I know, there is not such an agreement between the USA and Germany.

But, that does not mean that German authorities cannot make contact with those in the USA if they are suspicious or want further information. However, there is a lot of bureaucracy and it takes a long time.

This is why international background checks are expensive and a pain in the behind. Sovereign countries have their own laws and they handle privacy of criminal records differently. This is why a point person in the applicable country is sometimes needed. And, each national database where the person lived has to be checked... unless there is a common one.

As we discussed, Germany has a different level of inadmissibility than the USA or Canada. Serious drug crimes, human trafficking, big crimes etc will make you inadmissible but that is up to the authorities. BUT if you lie on an application and are found out, you will be deported. That is clearly stated.

I advise you to be honest, that is all. I also advise you to consult a German lawyer and your international student facilitator. I am sure they have encountered this question before. You can send in a general inquiry to your German consulate.
Reply With Quote
The Following User Says Thank You to Tufahije For This Useful Post:
angel7919 (10-30-2017)
  #13  
Old 10-30-2017, 07:42 AM
Raf's Girl Raf's Girl is offline
Registered User
 

Join Date: Nov 2014
Location: The Netherlands
Posts: 285
Thanks: 166
Thanked 157 Times in 111 Posts
Default

Looked it up for the OP this what is said
Schengen
Germany is a member of the Schengen Agreement, which was signed in 1985. The Schengen area encompasses 25 European countries, and all of them operate under one external border per the agreement. As a U.S. citizen, you can enter Germany for up to 90 days, for personal reasons or business, without a visa and travel between any of the 25 countries that signed the agreement without having to go through border control again.
More info is found here https://legalbeagle.com/6813564-felo...s-germany.html
Reply With Quote
  #14  
Old 10-30-2017, 08:00 AM
coachy1's Avatar
coachy1 coachy1 is offline
Registered User
 

Join Date: Sep 2009
Location: Yorkshire, England
Posts: 567
Thanks: 792
Thanked 492 Times in 265 Posts
Default

The UK has never been part of the Schengen agreement.
However the issue is Germany.
If your brother has been accepted to study in Germany then good on him. He has been accepted as a Mexican. If he has no criminal record inMexico then as far as that exchange is concerned he has no criminal record.
Going to Germany to study engineering is fantastic. In Germany engineers are as highly regarded as doctors and lawyers, and with a German masters degree he will be able to work anywhere in the world. There is no one better at engineering.
As suggested it is worth spending a couple of hundred euros on correct advice from a specialist lawyer in Germany. However I don't see it as being an issue. The university should also be able to help.

Please don't let him miss this amazing opportunity. The deportation from the US is not a big issue. Most of the countries in mainland Europe are more relaxed than countries like the UK.
Reply With Quote
The Following 2 Users Say Thank You to coachy1 For This Useful Post:
angel7919 (10-30-2017), fbopnomore (10-30-2017)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Husband will be deported, thinking of moving to MEX dmuniz16 General Prison Talk 21 06-16-2017 08:49 AM
Probation, moving out-of-state and paying resitution before moving? walkoflife Probation, Parole & Supervision 4 08-12-2013 11:00 PM
Help for the deported or soon to be deported families flilly13 Criminal Immigration Issues 17 01-27-2011 02:11 PM
Ever consider moving to another country after being deported? mamallama Criminal Immigration Issues 10 08-12-2009 08:30 AM
Moving from Germany to the US mobby Criminal Immigration Issues 1 09-26-2004 11:33 AM


All times are GMT -6. The time now is 02:22 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics