steveinbsas said:
I find the idea that it is necessary to "grease" anyone's palm at migraciones appalling, to say the least!
Additionally, I don't understand what something that happened (criminally) 30 years ago could have to do with a visa application being accepted or rejected. I thought the requirement was only to provide "criminal history" for the past five years. It certainly was in my case.
As I understand it, it is up to the whim of the attorney who is assigned to the case as to exactly what he will review on a given criminal history. And what should it have to do with it? Nothing in my opinion, but if they want to, they have the power to "examine" the issue and cause delay.
As my friend found out when she got the FBI criminal history, you don't even know sometimes that you have a criminal history until you see the results. If you had something in your past, it would have shown up on the criminal history from the FBI, unless there is some other type of FBI criminal history that the FBI gives out. I'm talking felonies here - I don't think they bother with misdemeanors, but I'm not sure.
I don't know why, but the FBI gives a person's whole history to the requesting body. In this case, she had a very minor incident which was at the time a felony if convicted (whatever the lowest level is next to a misdemeanor). When sentenced, the judge gave her "deferred adjudication" which means that if she completes the probation period assigned (the only punishment enacted) that the item would be removed from her record - she would be "unconvicted."
For whatever reason, the record was not "expunged" way back when, probably due to some clerical error because my friend says she completed the probation (6 months) successfully. So she was surprised to find that on her record.
As I understand it, the immigration lawyers can choose to ignore the incident, making a statement that it has been a long time, was a minor problem, that there is some kind of law concept where it wouldn't be legal in Argentina to provide the history going that far back and therefore it shouldn't even be looked at even though the person involved isn't a citizen, etc.
If they don't ignore it, they could cause the approval of the residency to be delayed for a long time, possibly a year or two.
We'll see what the outcome of that is. Her lawyer said that it wasn't automatic that they would delay, but likely. Her application was made a few weeks ago and hasn't yet cleared the first level of review.