Q & A November 28, 2004
Q & A 1. 2.
Q&A 1.
Steps to clear your record on DHS computers
Shun Reader asks:
In 1981, I purchased some clothing at a department store in Hong
Kong, paid for them and walked out of the store. However, the store
clerk chased me back to the store and found a pair of underwear
was not paid. I wanted to pay then but the store clerk insisted
that I stole it, called police and arrested me. At the time I had
just immigrated to Hong Kong and did not understand Cantonese and
people from Hong Kong did not understand Mandarin. The police took
my picture at the station and fined me HK$500.00 and let me go.
At the time, the law in Hong Kong was that if you did not redo the
type of crime within 3 years, it would be cleared, however, the
record would stay. I received a statement from police station 3
years later stating that the case was cleared. However, I’m
not able to locate this police statement at this time.
My son applied immigrant for me to U.S. and on the application
described the above case with a copy of the cleared police statement.
I came to US in 1995 from Los Angeles, and was stamped and told
to wait for my green card at home. My husband was still living in
Hong Kong, therefore, I had been back and forth once a year without
any problems.
Several years passed, I applied for citizenship and stated the
above incident, and that I could not find the cleared statement
but the immigration office should have a copy of it in my file.
After I became a citizen, I went to Hong Kong twice. However, I
was retained for several hours in Los Angeles Custom Service both
times when entering U.S. and was questioned regarding the Hong Kong
incident. Even though the Custom Service officers later apologized
for the inconvenience, I’m embarrassed and ashamed.
My questions are:
1. Is my immigrant file being changed after naturalization?
2. If it is changed, where should I modify it so that I would not
have to wait for several hours at the Custom Service when entering
the country?
3. Is there any place I could go and solve this problem, or could
your lawyer write a letter for me? If there is, please kindly provide
me with department name and address.
Dear reader:
1. In the wake of 9/11, the U.S. has become much more strict on
security matters. Whereas previously a matter such as yours would
not have raised much concern, the Department of Homeland Security
(DHS) has now enhanced its computer systems by adding databases
from a number of sources. While your immigrant file has not been
changed after your naturalization, the information concerning your
earlier incident is obviously on the DHS computers.
2. As you are being stopped by the branch of DHS known as Customs
and Border Protection (CBP), I suggest that you contact that agency
requesting that a note be placed in the computer that you should
not be detained for that incident
3. You can either write to the local office of CBP in your district
or to the CBP Central Office in Washington. That address is: DEPARTMENT
OF HOMELAND SECURITY, United States Customs & Border Protection
(CBP), 1300 Pennsylvania Ave., NW, Washington, DC 20229.
Q&A 2.
125% poverty line in Form I-864 is referring to IRS 1040 form
line 22
Reader Shen from New York asks:
After I (as a petitioner) applied for my relatives for immigration
and approved, INS required for me to fill out a I-864 Affidavit
of Support form. Which line item on the 1040 form should coincide
with the “annual income at 125% of the poverty line”
of the I-864? Should it be the total income of line 22 or adjusted
gross income on line 34 on form 1040?
Dear reader:
The I-864 affidavit of support form asks you to put down your total
unadjusted income from the federal income tax return for the most
recent tax year. Looking at the 2003 IRS 1040 form that would be
the total income on line 22 and not the adjusted gross income on
line 34.
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