Q&A’s published on Lawyers.com and the Epoch Times on December 20, 2019 1. Can Immigration Officers Take an Adult Away With a Minor Being Present in a Vehicle? 2. U Non-immigration Status on An Incident That Happened 2 Years Back? 3. How Can I Apply Foreign Country’s Police Clearance?

1. Can Immigration Officers Take an Adult Away With a Minor Being Present in a Vehicle?

Mr. Lee Answers:
Immigration officers can take an adult away even with the minor being present in a vehicle, but should provide for the child to be taken care of instead of just leaving the minor alone. On the one hand, this is not the type of situation that any immigration officer would like to encounter, but by the same token, DHS’s viewpoint may be that having a child in a car should not be a shield against an immigration stop.

2. U Non-immigration Status on An Incident That Happened 2 Years Back?

I and my friend were coming out form a Wal-Mart when I was in Tampa, FL 2 years back and one our way back we were held up by a guy with a gun who asked from us anything we had if we wanted to live. My friend had a cigarette pack on him which he handed over and I a few dollars. This happened 2 years back but we didn’t file a report because we were shocked and didn’t want to get involved in a lengthy police case. Is it still possible for us to file a report and would we be eligible for U nonimmigrant visa?

Mr. Lee Answers:
I do not believe that you will find that this is a viable case for a U visa since the incident was not reported to the police two years ago and they would likely not be interested in looking into such a small case in which the perpetrators would likely not be caught.

3. How Can I Apply Foreign Country’s Police Clearance?

 I need to apply for Lebanon police clearance for my wife who’s in the Philippines. She worked in Lebanon 2010-2012. How can I apply for such form?

Mr. Lee Answers:
Instructions for how to apply for a Lebanon police clearance (judiciary police record) for your wife in the Philippines is contained in the Foreign Affairs Manual. The excerpt is below:

 

For those residing outside Lebanon, the request must be processed through Lebanese embassies/consulates, but applicants may experience extremely long waiting periods before they receive the document, or may not receive them at all. The “Judiciary Police Record” may also be requested through a lawyer having a power of attorney from the individual authorizing the request. The “Judiciary Police Record” presented by an individual does not mean that the individual is clear. It just states that “this person does not have any court sentence against him”.