I need to know!

[Liam and Kara 6]

Is it an automatic visa denial if a foreigner has EVER been arrested before, no matter how minor, even if it was just the ONE time in their entire life? Never had a problem before or since? I have been wondering that---that seems extremely HARSH! Especially if it can be explained etc.

[Staashi 371]

No - but they will have to do some explaining at certain times - especially when it comes to naturalizing and justifying their moral turpitude.

Best of luck!

[MrsCat 6]

Arrest - not necessarily. Were they convicted of anything? Much more important. All depends what's on the criminal background check.

[mox 298]

Key word is conviction, not arrest.

[one...two...tree 2,762]

Is it an automatic visa denial if a foreigner has EVER been arrested before, no matter how minor, even if it was just the ONE time in their entire life? Never had a problem before or since? I have been wondering that---that seems extremely HARSH! Especially if it can be explained etc.

It depends on what they were arrested for.

A criminal record's impact on immigration, in general, depends on several things:

the type of the crime: crimes of "moral turpitude" are more serious in nature and may cause exclusion

from immigration to the US.

the age the person was when the crime was committed: in general, crimes committed before age 18

are not considered as serious, and under the age of 15 even less serious, however two moral turpitude

crimes under the age of 18 may still cause exclusion.

the length of the sentence that was imposed: a sentence of 6 months or more makes the situation

more complicated.

the amount of time since the crime was committed: over five years prior to immigration helps to

some extent.

crimes involving controlled substance violations, even marijuana, are viewed very seriously,

especially if the conviction was for drug trafficking.

Click on this link for more info:

http://www.visajourney.com/forums/index.ph...mp;page=records

[mox 298]

This really needs to be stressed though: it doesn't matter what you have been arrested for, it's what you've been convicted for.

[panamania79 2]

Is it an automatic visa denial if a foreigner has EVER been arrested before, no matter how minor, even if it was just the ONE time in their entire life? Never had a problem before or since? I have been wondering that---that seems extremely HARSH! Especially if it can be explained etc.

It's not automatic,but there is a chance the visa could be denied depending what the person was arrested for.In that case you just have to file a I-601 waiver like I did and wait another 6 months like I'm doing now.

Edited January 22, 2009 by panamania79

[Liam and Kara 6]

OK well he tried to visit the USA for three months and got turned away at the gate because we hadn't yet filed for K-1 -------- While he was in holding- DHS did a criminal background check on him and told him it was clear-they simply told him to return to Scotland and I would need to file for the K-1 and that once he had his visa to come back. Soooo evidently his ONE time domestic dispute a couple of years ago with his ex-wife whom simply filed charges on him because "HOW DARE HE LEAVE HER!" and he had pushed her out of the way because she was blocking him from leaving. FFS He admitted to the judge the truth so was found guilty the charge was as minor as you can get in those cases etc. SOOOOOOO anyway--my point is--he's nearly 40 and he's never had any arrests etc his entire life--just that one stupid incident from an angry woman that was scorned---is that going to prevent our visa?

[mox 298]

Kara, if he was charged and convicted, then he was arrested. You need to find out exactly what the conviction was for, and go from there. There's no way he was turned away at the gate because you hadn't filed for K1 yet. And it's not like he's visiting from a high fraud country. UK citizens can travel on VWP. If he was turned away at the gate, it wasn't for something trivial. You need to find out what that was.

[Liam and Kara 6]

He was turned away in Philadelphia because he was trying to visit the USA for three months without a visa--because we knew that foreigners can visit the USA for up to 90 days as a tourist--but once again he just told the truth--and said that he was coming to visit his FIANCE--well ---when they heard that and found all the documentation in his luggage that we were going to take with us to an immigration attorney I had an appointment with----they automatically accused him of attempting to immigrate without a visa---at that time--we were just stupid--we were trying to be together the fastest way we could--he wasn't trying to immigrate--we just thought we could file together with an immigration attorney while he was here for three months--but anyway---that's why they turned him away--I know it may not be common-but it HAS happened to others with no affect on their visa.

[Liam and Kara 6]

my point is---the charge was minor and it appears it's no longer even on his record--for all we know maybe she dropped the charges later--- I guess I'm struggling to believe they can deny him a visa just for that ONE thing. It's ridiculous! I guess I was insanely hoping for a similar story with a successful ending. ............. SHEESH! all this worrying is going to give me a heart attack before we even know.

[Welshcookie 17]

If a CONVICTION shows up on the police certification he MUST apply for for his visa, he may or may not be asked to file a waiver.

You don't say how he entered the US when he was turned way....VWP? I don't understand why he detained in the first place.

It isnt an automatic denial.. depending on the crime....he will have to to explain any conviction that shows up when you guys file and they will decide from what information they have.

[Welshcookie 17]

If a CONVICTION shows up on the police certification he MUST apply for for his visa, he may or may not be asked to file a waiver.

You don't say how he entered the US when he was turned way....VWP? I don't understand why he detained in the first place.

It isnt an automatic denial.. depending on the crime....he will have to to explain any conviction that shows up when you guys file and they will decide from what information they have.

ETA...

ok i just read the previous post

He was turned away in Philadelphia because he was trying to visit the USA for three months without a visa--because we knew that foreigners can visit the USA for up to 90 days as a tourist--but once again he just told the truth--and said that he was coming to visit his FIANCE--well ---when they heard that and found all the documentation in his luggage that we were going to take with us to an immigration attorney I had an appointment with----they automatically accused him of attempting to immigrate without a visa---at that time--we were just stupid--we were trying to be together the fastest way we could--he wasn't trying to immigrate--we just thought we could file together with an immigration attorney while he was here for three months--but anyway---that's why they turned him away--I know it may not be common-but it HAS happened to others with no affect on their visa.

Sorry.....that answers a lot of questions.

They are saying he entered with intent to immigrate.....so they were doing their job basically.

Edited January 22, 2009 by Welshcookie

[mox 298]

Hmmm...well first, you should really ask a mod to move this thread into the proper immigration forum. You might get better responses.

But the thing is...she can only drop the charges up to the conviction. Once he is convicted, she cannot drop the charges and the conviction goes away. It sounds like he really needs to get a handle on this. It's going to be VERY important later on in the process, especially at the interview and AOS. Even if it's not on his record anymore, read the form carefully because I believe it says something like "has he EVER been convicted..." in which case the answer is YES. You can explain in an addendum that the conviction has been removed or whatever, but he needs to go and find out exactly what the deal is.

Being turned away makes a little more sense now. Yeah, if they had a suspicion that he was intending to immigrate then they'd have turned him away. If that's the reason, it won't be a big deal. But do make sure he tells the interviewer if asked.

Anyway, I'm going to ask this thread to be moved to the proper immigration forum because I think you'll get more skillful answers there. Best of luck to you!

[mawilson 2,133]

Technically, you're not supposed to use VWP if you have a criminal record.