# arrest us consulate



## jimijakk (Sep 25, 2016)

quick question...I have a bench warrant for failure to appear for felony probation from 1994. I have been living and working in Mexico since then. I am married and have two daughters born here. We will be traveling to CDMX soon to try and obtain their visas so they can travel to the states. My question is, if I were to enter the US consulate or embassy with them during their interview process, might I be detained for my warrant ?? I do have a US passport which expired last year and I am considered a permanent resident here in Mexico. I ask that you only give me advice on the matter at hand. I realize many would like to think that the best alternative would be to turn myself in and straighten all this out etc..etc.. Trust me we have been down that road. I have a very good life as does my wife and daughters. The small town where I am from and from where my warrant is knows exactly where I am. They do not have any desire, knowledge or economic means to even begin the extradition process. I on the other hand I do not miss a thing about living in small town USA. Therefore the proverbial feeling is mutual. I only wish that my wife and daughters might be able to visit my family in the states and get to travel and know the US. I still consider it the greatest country in the world, but I am more than happy to love her from abroad. God bless and thanx......slds....JJR


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## Gatos (Aug 16, 2016)

As I am not a US licensed lawyer - my opinion is worthless. But - some of your wording seems peculiar like "i am considered a permanent resident" ? Do you have a Mexican permanent resident credential ? If so - then I'm surprised your outstanding bench warrant didn't become an issue at that time. If I remember we had to provide letters from US law enforcement that we had no skeletons in our closet as part of the PR process.

If I were in your situation - and didn't want to solicit professional advice - I would float a trial balloon and see if the embassy would renew that expired US passport via mail. If that went without a hitch I would think you could conclude the Embassy has no problem with you. I can't recall but I think you may have to present a valid passport anyway at the embassy gate to gain entry...

As I understand it a bench warrant is not a conviction - just that some judge wants to have a chat - but once again - I have no related expertise.

Edit : actually - if you have been in Mexico since 1994 - you must have already renewed that one year expired passport from within Mexico ??


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## RVGRINGO (May 16, 2007)

If you are a US citizen, you should register your children‘s births abroad at the nearest US consulate, or at the embassy. They will then be entitled to US passports. Of course, as Mexican-born, they should also get Mexican passports, as they are 100% Mexican when in Mexico, and 100% USA when in the USA. Dual citizenship has its advantages, and you can also apply for naturalization, but will need a valid US passport and current INM status to do so. However, if you are a convicted felon, you may have some difficulties for yourself, but should not allow those difficulties to affect your children for the rest of their lives. That would be criminally selfish.


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## Gatos (Aug 16, 2016)

RVGRINGO said:


> If you are a US citizen, you should register your children‘s births abroad at the nearest US consulate, or at the embassy. They will then be entitled to US passports. Of course, as Mexican-born, they should also get Mexican passports, as they are 100% Mexican when in Mexico, and 100% USA when in the USA. Dual citizenship has its advantages, and you can also apply for naturalization, but will need a valid US passport and current INM status to do so. However, if you are a convicted felon, you may have some difficulties for yourself, but should not allow those difficulties to affect your children for the rest of their lives. That would be criminally selfish.


As I read his post - his primary concern was whether he could walk into the US embassy to get his family Visas (etc ?) - and at the end of the day walk out of the embassy without himself being detained for his outstanding bench warrant. 

I can just imagine the circus he would find himself in at a TSA checkpoint in a US airport. Gosh - they seem to have disdain for even those with NO criminal past.


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## AlanMexicali (Jun 1, 2011)

Gatos said:


> As I read his post - his primary concern was whether he could walk into the US embassy to get his family Visas (etc ?) - and at the end of the day walk out of the embassy without himself being detained for his outstanding bench warrant.
> 
> I can just imagine the circus he would find himself in at a TSA checkpoint in a US airport. Gosh - they seem to have disdain for even those with NO criminal past.


Yes if you enter US Federal land and they for security reasons run your name in the Homeland Security database like at a US Embassy or consulate and they see the bench warranty they will detain you, same as at any border crossing or international airport. They will phone the jurisdiction and tell them they have you. The jurisdiction will decide if they want to come and get you. If they decide not to come they will let you go even if it is to enter the US if that is where you were going, at the border crossing or international airport arriving from abroad. If they decide to come and get you you will be detained until they show up. In the US at a border crossing or international airport the CBP will hand you over to the local US pólice to make the call and detain you.


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## Gatos (Aug 16, 2016)

I did a cursory search on the internet for "can you be arrested at a us embassy"

The sixth result returned (from a few years back - shanghi) makes for interesting reading.

My very quick read seems to confirm my initial reaction - if the embassy has a problem with you, they will retain your passport and/or not renew an expired passport.

At the same time - I am sure the people on that forum are non-professionals - just as we are (assumption on my part).


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## AlanMexicali (Jun 1, 2011)

Gatos said:


> I did a cursory search on the internet for "can you be arrested at a us embassy"
> 
> The sixth result returned (from a few years back - shanghi) makes for interesting reading.
> 
> ...


If you would have read the next one you would have got the correct answer which is yes they can detain you.


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## jimijakk (Sep 25, 2016)

*reply*

thank you for your response...yes I have a permanent resident credencial. My first US passport was issued in Guadalajara in 1995. My second was renewed 10 years later, but my last attempt at renewal was denied in December of last year due to the felony warrant. BTW I am not even sure if the visa interview is at the embassy or consulate. again thanx...slds





Gatos said:


> As I am not a US licensed lawyer - my opinion is worthless. But - some of your wording seems peculiar like "i am considered a permanent resident" ? Do you have a Mexican permanent resident credential ? If so - then I'm surprised your outstanding bench warrant didn't become an issue at that time. If I remember we had to provide letters from US law enforcement that we had no skeletons in our closet as part of the PR process.
> 
> If I were in your situation - and didn't want to solicit professional advice - I would float a trial balloon and see if the embassy would renew that expired US passport via mail. If that went without a hitch I would think you could conclude the Embassy has no problem with you. I can't recall but I think you may have to present a valid passport anyway at the embassy gate to gain entry...
> 
> ...


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## jimijakk (Sep 25, 2016)

*question*

thank you for responding...my question is..in order to register my childrens birth at the us embassy, would I need to go in person, and would I need a valid US passport ?? BTW...everything I do is for my daughters...I have a very successful business, employ several people, and send my kids to the best private schools. I have obviously made some bad decisions in my life. Any action I might take which would put my freedom in jeopardy would affect several families, not to mention my own. And that would be te very definition of criminally selfish.....



RVGRINGO said:


> If you are a US citizen, you should register your children‘s births abroad at the nearest US consulate, or at the embassy. They will then be entitled to US passports. Of course, as Mexican-born, they should also get Mexican passports, as they are 100% Mexican when in Mexico, and 100% USA when in the USA. Dual citizenship has its advantages, and you can also apply for naturalization, but will need a valid US passport and current INM status to do so. However, if you are a convicted felon, you may have some difficulties for yourself, but should not allow those difficulties to affect your children for the rest of their lives. That would be criminally selfish.


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## Gatos (Aug 16, 2016)

AlanMexicali said:


> If you would have read the next one you would have got the correct answer which is yes they can detain you.


Excellent observation !

Are we talking about " Can You Turn Yourself In at a U.S. Embassy for a U.S. Arrest Warrant" ? It is interesting - did you notice who posted that question in April 2011 ? Jimijakk. That is an actual legal forum and we will assume frequented by legal 'experts'.

"The crime was attempted aggravated robbery."

I'm not on the same page as a current political figure - but at the same time I - am a US taxpayer - well I'm not so sure if a fugitive from US justice can raise a family in Mexico and expect them to inherit the same rights as a non-fugitive.

Clean up your mess and I'm cool with your family enjoying whatever they may seek in the US.

btw - nowhere in that thread was the topic of the embassy detaining someone brought up.


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## TundraGreen (Jul 15, 2010)

I suspect that the Original Poster's status in Mexico is contingent legally on holding a valid US passport. With a Permanent Visa, Mexico probably won't notice that he no longer holds a US passport, for now at least.


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## DiverSailor123 (Sep 17, 2016)

This is a Joke from some bored kid in moms basement right? Jimijakk/ Billy Jack.. or ..what ever?? The year is 2016 and as soon as you name comes up anywhere.. if THEY didn't know where you were yesterday they would NOW.. Computer Tracking has come a LONG WAYS in 5 years.. Hummm so what we have is a Convicted Felon fails to complete sentencing ( Probation) who escapes to Mexico aka ( Butch and Sundance) Lies / commits Fraud on every Official Government form he ever fills out in Mexico .. but doesn't want to put families in hardship by his return in chains to the USA for possibly longer than his original incarceration? This is all background for a first attempt at writing a book right?

*Aggravated robbery is the same as simple robbery but with the addition of either a dangerous weapon or bodily harm inflicted upon a person in the course of the robbery*


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## Gatos (Aug 16, 2016)

At this point - I would send the family to the US embassy by themselves - with whatever Mexican credentials they have, and keep my fingers crossed. OR - I would have my US family members visit me in Mexico. OR - I would clean up my mess.

Why hasn't jimijakk nationalized ?


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## Gatos (Aug 16, 2016)

DiverSailor123 said:


> This is a Joke from some bored kid in moms basement right? Jimijakk/ Billy Jack.. or ..what ever?? The year is 2016 and as soon as you name comes up anywhere.. if THEY didn't know where you were yesterday they would NOW.. Computer Tracking has come a LONG WAYS in 5 years.. Hummm so what we have is a Convicted Felon fails to complete sentencing ( Probation) who escapes to Mexico aka ( Butch and Sundance) Lies / commits Fraud on every Official Government form he ever fills out in Mexico .. but doesn't want to put families in hardship by his return in chains to the USA for possibly longer than his original incarceration? This is all background for a first attempt at writing a book right?
> 
> *Aggravated robbery is the same as simple robbery but with the addition of either a dangerous weapon or bodily harm inflicted upon a person in the course of the robbery*


I don't know if you are right - but I like your imagination.


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## jimijakk (Sep 25, 2016)

First of all...great police work there Barney Fife...

Yes that was me in April of 2011 (busted)..

Didi it ever occur to you that I might have considered turning myself in back then, and now, just maybe, I am trying to get visas for my family ??

well I'm not so sure if a fugitive from US justice can raise a family in Mexico and expect them to inherit the same rights as a non-fugitive.

Really ??? Mexican citizens trying to obtain tourist visas is a right for non-fugitives ?? wow....

My friend I thank you for your concern and profund interest in my situation. Please feel free to continue to entertain us with your obvious expertise. I only ask that you do not judge my book merely by the chapter in which you started reading...saludos





Gatos said:


> Excellent observation !
> 
> Are we talking about " Can You Turn Yourself In at a U.S. Embassy for a U.S. Arrest Warrant" ? It is interesting - did you notice who posted that question in April 2011 ? Jimijakk. That is an actual legal forum and we will assume frequented by legal 'experts'.
> 
> ...


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## Gatos (Aug 16, 2016)

You are right - I should have just kept my mouth shut. My comments were sincere - sorry if you didn't like some.

NEW RULE : Never comment to ANY poster with less than 10 posts :-(


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## jimijakk (Sep 25, 2016)

I did attempt to nationalize around 10 years ago. I completed the entire procedure and was told by the SRE delegate in Ciydad Victoria that i would receive my carta de naturalizacion in a question of months. After several months I called and was told that the 9 question test that I had presented was from the year before and that I would need to return to Cd. Victoria to present the newer version of the test. By that time I was working in the state of Veracruz therefore the entire process would have had to begun from zero in said state. Since I had received my passport and a renewal since leaving the states I wrongfully assumed I would always be able to renew my US passport.


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## RVGRINGO (May 16, 2007)

The fact remains, that your family may have the usual difficulties obtaining visas for the USA as Mexicans; especially if they will not have your full presence and support in the application process, but the children do have the right to get US citizenship and passports and will need your documentation for that purpose. Will you deny them?


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## Gatos (Aug 16, 2016)

RVGRINGO said:


> The fact remains, that your family may have the usual difficulties obtaining visas for the USA as Mexicans; especially if they will not have your full presence and support in the application process, but the children do have the right to get US citizenship and passports and will need your documentation for that purpose. Will you deny them?


Ya know - we have a longtime friend (she was my private Spanish language teacher). About a year ago she sought, and received, a 10 year visa to the US. She has no family there and has taken at least 2 trips there this past year.

But I agree with you - make it right.


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## DiverSailor123 (Sep 17, 2016)

Billy-Jack.. you have issues and I will bet they are or will be returning to the roost very soon.. 
Just as soon as The US Embassy figures out who you are and relays that Information to the Mexican Immigration Authorities... I am with Gatos.. send your family alone... why would the presence of a Criminal be helpful?


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## TundraGreen (Jul 15, 2010)

jimijakk said:


> I did attempt to nationalize around 10 years ago. I completed the entire procedure and was told by the SRE delegate in Ciydad Victoria that i would receive my carta de naturalizacion in a question of months. After several months I called and was told that the 9 question test that I had presented was from the year before and that I would need to return to Cd. Victoria to present the newer version of the test. By that time I was working in the state of Veracruz therefore the entire process would have had to begun from zero in said state. Since I had received my passport and a renewal since leaving the states I wrongfully assumed I would always be able to renew my US passport.


I doubt that you could become a Mexican citizen now. I just went through the process, and they subjected my US passport to a great deal of scrutiny. They read every visa stamp in it. I doubt that an expired passport would have been accepted by them.

Incidentally, I also had experience with documents expiring and having to be redone. In my case it was a Jalisco "no antecedentes criminales" document. I narrowly missed having to make a second trip to Mexico City for a similar federal document. I turned my final paperwork in on the last day before that one expired.


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## TundraGreen (Jul 15, 2010)

RVGRINGO said:


> The fact remains, that your family may have the usual difficulties obtaining visas for the USA as Mexicans; especially if they will not have your full presence and support in the application process, but the children do have the right to get US citizenship and passports and will need your documentation for that purpose. Will you deny them?


The family may have more than the "usual difficulties". In the visa interview if not on the application, they will be asked about the status of their parents. The interviewer will want all the details. Similar discussion will occur in establishing the citizenship of the children.


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## perropedorro (Mar 19, 2016)

Gatos said:


> ..well I'm not so sure if a fugitive from US justice can raise a family in Mexico and expect them to inherit the same rights as a non-fugitive.


I'm no lawyer either, but pretty sure that according to the letter and spirit of U.S. or Mexican Constitutional law, offspring do not inherit culpability for the crimes of their fathers like they do in places still under ancient religious codes where sins are passed down seven generations or whatever.


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## Gatos (Aug 16, 2016)

perropedorro said:


> I'm no lawyer either, but pretty sure that according to the letter and spirit of U.S. or Mexican Constitutional law, offspring do not inherit culpability for the crimes of their fathers like they do in places still under ancient religious codes where sins are passed down seven generations or whatever.


I guess the real answer is as simple as this guy calling the US embassy and asking them.


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## perropedorro (Mar 19, 2016)

Gatos said:


> I guess the real answer is as simple as this guy calling the US embassy and asking them.


That's what I'm saying, and a good guess is that they'll be accommodated. Chapo Guzmán, a fella I think we can all agree has gotten into more trouble than jimijakk, has several children with U.S. citizenship. They come and go as they please, party with Paris Hilton, otherwise live quite ostentatiously with no visible _legal_ means of support..... and there doesn't seem to be anything the U.S. can do about it.


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## DiverSailor123 (Sep 17, 2016)

Money Is Power and Power is EVERYTHING..( I am guess here that Billy Jack doesn't have Millions ) Long Before Chapo was a household name his entire family was provided for.. Same with Escobar.. Besides Guzman and Escobar are both popular names.. in fact Pablo Escobar hahaahaaha is also a General Contractor in Charlotte County Fla. But ALL OF THAT..... technology wise .....was a MILLION Years Ago! So go on down say Hi! Heres My Expired US Passport :fingerscrossed: that should incite a few questions... Opppsss and here's my SS Number which is cross referenced with my passport ... Hey can anybody here do a good Dirty Harry Impersonation?


perropedorro said:


> That's what I'm saying, and a good guess is that they'll be accommodated. Chapo Guzmán, a fella I think we can all agree has gotten into more trouble than jimijakk, has several children with U.S. citizenship. They come and go as they please, party with Paris Hilton, otherwise live quite ostentatiously with no visible _legal_ means of support..... and there doesn't seem to be anything the U.S. can do about it.


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## perropedorro (Mar 19, 2016)

DiverSailor123 said:


> Money Is Power and Power is EVERYTHING.


True dat, or as my Mexican friends and family say, _Con dinero, baila el perro._ They also like to point out that the U.S. isn't immune from corruption either, although it might not be as extensive or obvious as in Mexico. Still, I know of a place in Guadalajara where approval for a U.S. visa can be guaranteed for a substantial extra fee, with payment tendered at a location nowhere near the American consulate. Go figure.


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## TundraGreen (Jul 15, 2010)

perropedorro said:


> ...
> Still, I know of a place in Guadalajara where approval for a U.S. visa can be guaranteed for a substantial extra fee, with payment tendered at a location nowhere near the American consulate. Go figure.
> ...


How do you know this? Do you personally know someone who has done this, or is it a rumor from someone who knows someone who did it?

I am not naive enough to think that money can't buy influence in the US. The Supreme Court has made that an integral part of the system. But this particular story sounds fishy to me.


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## perropedorro (Mar 19, 2016)

TundraGreen said:


> How do you know this? Do you personally know someone who has done this, or is it a rumor from someone who knows someone who did it?
> I am not naive enough to think that money can't buy influence in the US. The Supreme Court has made that an integral part of the system. But this particular story sounds fishy to me.


You know what, TG, you're correct in that this particular one is likely to be hearsay, more smoke than fire, so I'll retract it. What is true is that conditions are ripe for visa fraud given that there's such a high demand, most consular employees are local nationals, and consular officials have a great deal of discretion in granting visas. One in Vietnam was indeed busted and convicted after pocketing a few million in bribes.
There's more fraud at the border itself with ICE and numerous agents have been busted for aiding and abetting the illegal traffic of humans and drugs. And in that case, I do personally know two people who were waved right on through at the border by a particular agent at a designated time after having paid the fare to the pollero. There's just too much money to be made, like a career's worth of salary in a few months that some find irresistable.


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## TundraGreen (Jul 15, 2010)

perropedorro said:


> You know what, TG, you're correct in that this particular one is likely to be hearsay, more smoke than fire, so I'll retract it. What is true is that conditions are ripe for visa fraud given that there's such a high demand, most consular employees are local nationals, and consular officials have a great deal of discretion in granting visas. One in Vietnam was indeed busted and convicted after pocketing a few million in bribes.
> There's more fraud at the border itself with ICE and numerous agents have been busted for aiding and abetting the illegal traffic of humans and drugs. And in that case, I do personally know two people who were waved right on through at the border by a particular agent at a designated time after having paid the fare to the pollero. There's just too much money to be made, like a career's worth of salary in a few months that some find irresistable.


The consulate in Guadalajara has lots of local employees but all of the the people who do the visa application interviews, are US citizens, permanent State Department employees who are in Guadalajara on a rotational assignment. They are here for three years at most, then move on to another country. I am guessing that the situation is the same in other consulates. These officers make the final decision on visa applications at the end of about a two or three minute interview with the applicant. They do interviews one after the other all day long. It is a right of passage that all State Department employees have to go through. They get very good at ferreting out any inconsistencies or inaccuracies in the application. Incidentally, I am told they approve around 80% of all the applicants. 

I suspect that if one of these officers were discovered taking a kickback, it would be a career ending event. And I doubt that it happens very often. It would also be difficult to arrange, since an applicant goes in for a final interview, takes a number, and does not know which window and interviewer it will be when their number comes up.


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## DiverSailor123 (Sep 17, 2016)

Ahhhhh..... the tangled webs that we weave, once we practice to deceive , or lie or cheat or swindle or steal or commit a felony.. I believe that if your NOT a Troll , just sitting in moms basement somewhere making up this story , that life as you know it will sooner than later be coming to an end.. Back In The Olden Days when Mexico as a typical 3rd world country was drowning in its own paperwork, a few dollars could make just about anything happen. Those days thankfully have just about come to an end..


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