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.

Copyright © 2003 - 2004 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.