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ZYG123   25 November 2023

False fir will there be any issues in immigration from usa to india and back to usa

Dear Experts,

Here is one of my friends situation. One of the cheater looted money from more than 30 people. When they started questioning him and he filed managed to showcase from false evidences to court and file an FIR on all 30 people to avoid them not to come on him and bribed police as well to speak on his favor.

FIR KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT 2004 (US 3 4) IPC 1860 US 506 and 341 and 34 and 504 and 384 and 420

Few of them in the group and went and took stay on the case hence there is no investigation went on neither there is a court hearing nor no charge sheet till now. its been an year by the time the FIR has been filed.

Now my friend is working in USA on H1B visa and he want to come back to india to see his old aged parents. will there be any issues with immigration while come to india or going back to usa after his period of stay? Will there be any possibilities of he getting troubled during his journey form usa to india or india to usa?


 8 Replies

Sanskriti Tiwari   25 November 2023

Your friend might encounter potential issues due to the FIR filed against them in India. The FIR suggests serious allegations, including sections from the Karnataka Prohibition of Charging Exorbitant Interest Act 2004, IPC 1860, and several other sections related to fraud, extortion, and criminal intimidation.

Given the gravity of the charges and the fact that your friend is abroad, the situation could lead to complications during travel between the USA and India. While your friend is on an H1B visa in the USA, the Indian immigration authorities might flag the FIR against them upon entry into India. This could result in questioning, potential detainment, or even legal proceedings depending on the seriousness of the charges and the stance of the Indian authorities.

Returning to the USA might also pose challenges. When departing from India, immigration officials might inquire about any ongoing legal issues. If the FIR is still active and investigations have not progressed, it might lead to further questioning or even restrictions on leaving the country.

To address this complex situation, it's crucial for your friend to seek legal advice from a reputable attorney in India specializing in criminal law. Consulting with legal experts can help determine the current status of the case, potential risks involved in travel, and the necessary steps to resolve or manage the situation before returning to India or departing for the USA. Additionally, having legal representation can assist in navigating immigration concerns and ensuring compliance with both Indian and US laws.

Shashi Dhara   25 November 2023

As matter is serious consult eminet advocate and take his opinion.

ZYG123   25 November 2023

There is no court order neiother hearings done till now and no orders that he should not fly to abord, neither the lookout notice. Also in this case it is in stay order by court. He travelled to aborad while this fir is active and no one questioned him on the same. There is no charge sheet either. There are around 30 innocent people listed in this FIR but no one is been asked or arrested by police in india as the case is in stay as everyone knows that this is a false. The cheater for a PCR from court pleading him to help as local police stations didnt accept his complaint. Hence he got an order to investigate.

1. Will this FIR flaged in immigration or known to immigration?

2. Will there be any potential problems in travelling to india and usa?

3. when will and which condition or situation the FIR's be flaged in either in india or usa immigration?

4. Will there be any lookout notice in such conditions?

5. will there be any questions asked in immigration and what sort of questions will be asked if in case?

6. is there any risk to travel to india and aborad in this situation. ( locally there is no issue with police as everyone is aware that this is a false FIR )

T. Kalaiselvan, Advocate (Advocate)     25 November 2023

In the absence of any look out circular pending against your friend and also since the case is stalled due to a stay order, in my opinion there is no imminent danger for your friend to travel to India and return to his work place.

Hoowever let him keep his visit plans as a closely guarded secret and return peacefully

Sanskriti Tiwari   25 November 2023

In a situation where the FIR is under a court-issued stay order and there have been no hearings or chargesheets, there's a possibility that this FIR might not be flagged in immigration systems. However, there are a few considerations to keep in mind:

1. Generally, FIRs that have not led to arrests or charges might not be flagged in immigration databases. But this can vary, and sometimes FIRs with serious allegations might be noted.

2. Your friend might not face immediate problems while traveling to India since there's no active lookout notice or court order restricting their travel. However, they should be prepared for possible questioning at immigration.

3. Returning to the USA might not pose an immediate issue if there's no active legal action or lookout notice against your friend. However, US immigration can inquire about legal issues during re-entry. Having legal documentation or advice can be helpful.

4. FIRs might be flagged if they lead to arrests or charges. In your friend's case, since there's a stay order and no progress in the case, it might not typically be flagged in immigration systems.

5. If asked, immigration might inquire about any ongoing legal matters or court cases. Your friend should be truthful and provide factual details if questioned.

6. While there might not be immediate risks, traveling with a pending FIR can sometimes lead to unforeseen challenges or questioning at immigration in both India and the USA. It's essential to remain prepared and seek legal advice before travel.

It's crucial for your friend to remain updated on the status of the FIR and seek legal counsel to understand the best approach for travel. Additionally, having documentation and evidence proving innocence or the lack of legal actions can be beneficial when dealing with immigration queries.

ZYG123   25 November 2023

Thank you. Even his Advocate advised the same. however for safer side can we know are there any flags in immigration or is there any lookout on his name?

T. Kalaiselvan, Advocate (Advocate)     26 November 2023

He is returning to USA after a short visit to India. 

Hence the formalities at immigration to return will not be very strict compared to the initial visa application. 

He can take care of the Visa interview accordingly. 

ZYG123   10 January 2024

Will the LOC be by default in such a kind of FIR's or do some one need to persue it? in which situations will the LOC be given. Without LOC will this FIR's gets flagged and reported to immigration? As this is not an international or a finance crime will this also be shared with India or USA immigration?

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