Banned from Schengen Zone

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hails998
Posts: 2
Joined: Thu Apr 16, 2020 12:29 am

Banned from Schengen Zone

Post by hails998 » Fri Apr 17, 2020 10:40 am

Hi, Last summer when I was in Finland I did something really stupid and without going into a lot of detail I became a suspect of a crime. Because I am an American citizen they deported me back to the US and banned me for 3 years. The case has not, and may not (fingers crossed) go to court, so as of right now I have not been found guilty of anything just accusations at this point.

My question is, does this ban mean in the future I will be denied a residence permit based on studies, work, or spouse?
My other question is, Does anyone know if it would be worth it to pay up the cash to get an immigration lawyer instead of staying with the public defender? And how much would that cost?

Kiitos!



Banned from Schengen Zone

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rinso
Posts: 3896
Joined: Fri Aug 25, 2006 7:22 pm

Re: Banned from Schengen Zone

Post by rinso » Fri Apr 17, 2020 11:46 am

hails998 wrote:
Fri Apr 17, 2020 10:40 am
Hi, Last summer when I was in Finland I did something really stupid and without going into a lot of detail I became a suspect of a crime. Because I am an American citizen they deported me back to the US and banned me for 3 years. The case has not, and may not (fingers crossed) go to court, so as of right now I have not been found guilty of anything just accusations at this point.

My question is, does this ban mean in the future I will be denied a residence permit based on studies, work, or spouse?
My other question is, Does anyone know if it would be worth it to pay up the cash to get an immigration lawyer instead of staying with the public defender? And how much would that cost?

Kiitos!
After the ban has ended, you can apply for a residence permit. If you fulfill the requirements it will be granted. If there are doubtful aspects in your application, the deportation and ban might tip the scale. If you are convicted, it will depend on the crime and the punishment if you can get an RP.
It is of no use to fight the ban. The time it takes before the issue is settled might be nearly as long as the ban. (the immigration issue probably cannot be settled before a possible crime case is concluded)

hails998
Posts: 2
Joined: Thu Apr 16, 2020 12:29 am

Re: Banned from Schengen Zone

Post by hails998 » Fri Apr 17, 2020 1:10 pm

rinso wrote:
Fri Apr 17, 2020 11:46 am
hails998 wrote:
Fri Apr 17, 2020 10:40 am
Hi, Last summer when I was in Finland I did something really stupid and without going into a lot of detail I became a suspect of a crime. Because I am an American citizen they deported me back to the US and banned me for 3 years. The case has not, and may not (fingers crossed) go to court, so as of right now I have not been found guilty of anything just accusations at this point.

My question is, does this ban mean in the future I will be denied a residence permit based on studies, work, or spouse?
My other question is, Does anyone know if it would be worth it to pay up the cash to get an immigration lawyer instead of staying with the public defender? And how much would that cost?

Kiitos!
After the ban has ended, you can apply for a residence permit. If you fulfill the requirements it will be granted. If there are doubtful aspects in your application, the deportation and ban might tip the scale. If you are convicted, it will depend on the crime and the punishment if you can get an RP.
It is of no use to fight the ban. The time it takes before the issue is settled might be nearly as long as the ban. (the immigration issue probably cannot be settled before a possible crime case is concluded)
Yeah I have no wanting of fighting the ban but for the posibilty the case does go to court, would it be good to have another lawyer for it so there is more than enough time to collect all information. I have been told because I am in the US that I will not be able to attend the trial so it would just be my lawyer, who I will having to put a lot of trust into.
That settles my nerves a bit, I hope this doesn't affect my future schooling in Europe. Being young and stupid is the worse thing in life.

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rinso
Posts: 3896
Joined: Fri Aug 25, 2006 7:22 pm

Re: Banned from Schengen Zone

Post by rinso » Fri Apr 17, 2020 4:08 pm

more than enough time to collect all information.
For a lawyer "time is money". Freelancing to collect information before the process is announced can become very costly.

betelgeuse
Posts: 3485
Joined: Thu Aug 29, 2013 1:24 am

Re: Banned from Schengen Zone

Post by betelgeuse » Fri Apr 17, 2020 8:27 pm

hails998 wrote:
Fri Apr 17, 2020 1:10 pm
I have been told because I am in the US that I will not be able to attend the trial so it would just be my lawyer, who I will having to put a lot of trust into.
"The defendant is, however, always entitled to be present in the main hearing in person, if he or she so wishes."

https://oikeus.fi/tuomioistuimet/karaja ... aiset.html

thompsonmax
Posts: 4
Joined: Mon Dec 16, 2019 11:47 am
Location: Detroit
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Re: Banned from Schengen Zone

Post by thompsonmax » Wed May 06, 2020 8:50 pm

Hi, it is a really sad story. I hope everything will be ok with you. Good luck.

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fintel
Posts: 175
Joined: Sat Sep 14, 2019 4:00 pm

Re: Banned from Schengen Zone

Post by fintel » Thu May 07, 2020 7:37 pm

hails998 wrote:
Fri Apr 17, 2020 10:40 am
I became a suspect of a crime.
Crime and immigration is not a good mix.

What was the allegation?

Drunk driving? Maybe you have a chance.

Suspected of being a drug dealer? Not really.

In theory if charges weren't laid by the police, this should not bar you from applying for a new resident permit in Finland. However, I am not sure how this works out in real world. In United States for example, a criminal conviction can trigger deportation and a permanent ban. In other countries, an allegation is enough to not grant a permit. I would try some other eu country where your record is clean.

I hear Portugal is lovely.
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