Need residency help

Scott18684

Active member
Jun 10, 2018
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Need Residency Visa Help!


I am an American citizen and have been traveling to DR for the past year and a half about a dozen times. I have an apartment with my wife in Santiago and she is six months pregnant with our daughter. (my wife is Dominican and we were married on 3/3/2018) For the FBI background check I have multiple felonies from over 10 years ago that were really nothing but look really bad on paper (fake id in college is felony conviction for ID fraud) plus numerous other charges.


Should I apply for the residency visa and risk getting denied? If I do get denied will they then not allow me in the country?


Should I wait until I have lived here for 5 years and then apply because the background check will then need to come from dominican republic and not show anything?


If the first part of the visa gets approved then could I get denied during the second part?


Any help would be appreciated.
 

lifeisgreat

Enjoying Life
May 7, 2016
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An interpol check will apply....old rules have changed marriage and residency ..your best bet apply for pardon we have it in Canada takes 1 yr about , don’t know American system ...other problem is a charge will always show but pardon or withdrawn charge won’t .. talk to good lawyer here pay few peso for his opinion ,not first time they seen this , be honest show record if you have ..
 
Feb 7, 2007
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You definitely would need a good immigration lawyer for this... a very good one actually.

A home country background check is always required for residency process if I understand it correctly.
 

melphis

Living my Dream
Apr 18, 2013
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RH is right. You need a very good immigration attorney as background checks are always required. The only exception I have ever heard required several bags of money.
Good luck.
 

Cdn_Gringo

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Apr 29, 2014
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You can be denied at either stage of the residency process, as they are separate and distinct. Get a copy of your police check, have it translated into Spanish (doesn't need to be an official translation at this point) and go see or send it to the DR embassy closest to where you live. Ask them, "Would this preclude a residency application"?

If the embassy says, you're fine, then do the same thing using a reputable DR immigration lawyer. If you end up submitting an application, advance your DR lawyer the necessary processing fees and a little extra but retain them on the condition that the final payment is conditional on a successful application in Santo Domingo.

Guns, drugs, violence & breach of trust offenses are usually game stoppers as are multiple offenses. Does the USA have a "Pardon" process you can make use of?
 

windeguy

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Jul 10, 2004
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You definitely would need a good immigration lawyer for this... a very good one actually.

A home country background check is always required for residency process if I understand it correctly.

One that will take a lot of money. That is what will work in this situation. Lots of money.
 

Scott18684

Active member
Jun 10, 2018
106
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28
You can be denied at either stage of the residency process, as they are separate and distinct. Get a copy of your police check, have it translated into Spanish (doesn't need to be an official translation at this point) and go see or send it to the DR embassy closest to where you live. Ask them, "Would this preclude a residency application"?

If the embassy says, you're fine, then do the same thing using a reputable DR immigration lawyer. If you end up submitting an application, advance your DR lawyer the necessary processing fees and a little extra but retain them on the condition that the final payment is conditional on a successful application in Santo Domingo.

Guns, drugs, violence & breach of trust offenses are usually game stoppers as are multiple offenses. Does the USA have a "Pardon" process you can make use of?
If you get denied for a visa does that mean they will deny you entry completely into the country?  I’m thinking might be best to just not say anything and travel as usual.  Maybe apply after living here for five years because then the police background check would be done from here in DR showing clean record (I know there will be Interpol)
 

AlterEgo

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Jan 9, 2009
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South Coast
So you will be living 24/7/365 in DR the next five years, no home in USA?  Just having an apartment there isn’t the same.

 (I have had a home in DR for over 30 years, but my primary residence is USA, which they would see in a heartbeat by just entering my passport number in their computer)

Multiple felonies and “numerous other charges” will be a challenge.  Make an appointment with Guzman Ariza for a consultation.  If they can’t help you, no one can.  
 
Feb 7, 2007
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You always have to submit your home country record even if you had been living in the DR as a perpetual tourist for 5 years. Just ask anyone who had done residency after living in the DR for years as a perpetual tourist with occasional flight back home.
 

Cdn_Gringo

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Apr 29, 2014
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If you get denied for a visa does that mean they will deny you entry completely into the country?

I wouldn't think so. However, once you submit all your particulars, whose to say you don't end up on a scrap of paper in somebody's desk drawer.

 I’m thinking might be best to just not say anything and travel as usual.  Maybe apply after living here for five years because then the police background check would be done from here in DR showing clean record (I know there will be Interpol)

As already pointed out, you can't get away from submitting the FBI check for immigration applications and a bunch of other processes in this country.

First step is to see if it's going to be an issue. If you can't live here, you probably can't live anywhere outside the USA worth considering. I would doubt that you will be able to live in the DR full time without residency for very much longer (relatively speaking of course).
 

Eyes

Member
Apr 30, 2012
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Congratulations on your marriage and new child l have a conviction from the past and was given residency which is done on a individual basis just provide your criminal history from your home country from the police and they will decide what’s next. Remember in D.R the time of your last conviction is relevant also 10 to 20 years clean is a long time but Guzman lawyers are really good you can call or email them from my experience they always respond and will help you good luck hope all goes well.
 

mxcutie

New member
Jan 12, 2010
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If you get denied for a visa does that mean they will deny you entry completely into the country?  I’m thinking might be best to just not say anything and travel as usual.  Maybe apply after living here for five years because then the police background check would be done from here in DR showing clean record (I know there will be Interpol)

Even if you apply after living here for 5 years, you will need the police check from your home country since you will not have been in the DR legally. I have lived here for 8 years, and due to some issues with theft of my birth certificate, etc. I didn't apply for residency until last year. Whe I submitted my application, with proof that I had been in the country over 5 years, they said that I would still need a police check from Canada, since I had not been legal in the DR.
 

Cdn_Gringo

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Apr 29, 2014
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As an aside, there is the pesky rule that you have to be legally in the DR to submit an application for residency. The exception was the regularization plan from a couple of years ago when the govt offered those illegally in the country a path to residency that didn't require them to first leave the country.

I suspect that today, there is no way around the need to exit the DR, obtain the residency visa from your home country and then return to the DR to submit your formal application within the 60-90 days (whichever it is) time frame after that visa is issued. Those entering the DR on a tourist card or other non-residency visa are precluded from applying.