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.

[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

[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?

[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

[mawilson 2,133]

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

[Liam and Kara 6]

that's the thing--Homeland Security came back to him in Philadelphia and told him that he didn't have a criminal record-- they made him wait while they did a check--but because he had some documents in his luggage and information on immigration and fiance visas that we were going to take to an immigration lawyer here in the USA during his 3 months visit---they of course--freaked out---and made him return to Scotland until he actually has the k-1 visa approval in hand---as with everyone else--this is all new to us too.

OH! and thank you for the moving of this thread suggestion!

BTW! Everyone! Please understand! Liam has visited me here in the USA before NO PROBLEM--it was his intended length of stay and the paperwork in his luggage that got him turned away--they made that very clear over and over.

[Welshcookie 17]

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

that's true... but can you imagine the queues from UK flights landing in Orlando Airport though while they checked? Mickey would be tapping his foot.

[Marilyn. 340]

i was turned away at a land border POE and actually banned for a year because I was stupid (long story )....

I explained on one of the forms what had happened and at the interview it just came up in passing.. the guy just asked me if I had any other problems other then that one time and I said no and he was like ok..

the thing is when you are going into the US to visit your SO , it is all about the proof you have with you that you plan to go back to your home country and of course the final say is with the POE officers..

[Welshcookie 17]

but because he had some documents in his luggage and information on immigration and fiance visas that we were going to take to an immigration lawyer here in the USA during his 3 months visit

THIS is what you need to mull over and why you need to read up on Immigration laws....the guides here are very useful. Good luck.

The VWP is for a holiday....it is NOT for anything else....if they get a whiff of anything else...well, you know

Edited January 22, 2009 by Welshcookie