Obtaining travel/work Visa with prior arrest in US

[James6 0]

I recently got arrested in the United States after being intoxicated and drugged. I was not convicted or charged. I was victim of receiving a laced cigarette. Believing it was a normal rolled up cigarette it actually turned out to be another substance. With the alcohol and substance mixed together I went crazy and later called 911 for assistance because I felt like i was dieing. Since I could not communicate and I tried to evade the police because I didn't know they were the police they cuffed me and took me to the hospital.

So my issue is this. With this arrest and hospitalization how will this affect me in attaining future visas for the United States - such as a travel or work visa. Will this greatly hinder me in receiving a visa. Could I be denied? Even though I was not convicted of anything or charged?

[madison925 2]

If your record is clear in your country. In the Phippines, we call it NBI clearance or it can be police clearance if you get a clearance to travel abroad then I believe you are fine

[jaycali 415]

This is a difficult one.

Were you actually arrested? Meaning, were you booked and finger printed? Or were you simply placed in protective custody? Handcuffed and dropped off at the hospital?

This is an important distinction to make because if you were simply placed in protective custody, but not arrested, you can legally answer "no" to the question of ever having been arrested. In that case, the police handcuffed you and took you to the hospital for your own safety, and no record of any arrest was made, because you weren't arrested. This is common in many police departments when they take drunk people to detox centers.

That being said, if any record exists of you having been in trouble with the police for a drug related incident, you're facing an uphill battle. In US immigration law, any visa applicant is to be considered guilty until proven innocent.

I would call and inquire with the police department in question.

Edited November 11, 2012 by Jay Jay

[James6 0]

This is a difficult one.

Were you actually arrested? Meaning, were you booked and finger printed? Or were you simply placed in protective custody? Handcuffed and dropped off at the hospital?

This is an important distinction to make because if you were simply placed in protective custody, but not arrested, you can legally answer "no" to the question of ever having been arrested. In that case, the police handcuffed you and took you to the hospital for your own safety, and no record of any arrest was made, because you weren't arrested. This is common in many police departments when they take drunk people to detox centers.

That being said, if any record exists of you having been in trouble with the police for a drug related incident, you're facing an uphill battle. In US immigration law, any visa applicant is to be considered guilty until proven innocent.

I would call and inquire with the police department in question.

I was cuffed and put into protective custody at the hospital. So I was not finger printed or anything. But the police knew I had taken some sort of substance. But only the hospital has that on records and that is confidential so they cannot let the police know right?

But thank you for the replies. I will inquire with the police department regarding this as well.

Edited November 12, 2012 by James6

[jaycali 415]

I was cuffed and put into protective custody at the hospital. So I was not finger printed or anything. But the police knew I had taken some sort of substance. But only the hospital has that on records and that is confidential so they cannot let the police know right?But thank you for the replies. I will inquire with the police department regarding this as well.

There's very little that the USCIS and/or state dept "can't know." Basically, you need to know if you were arrested or just put in custody.

[James6 0]

And what about me being under the influence of an illegal substance? Will immigration services find out about this? Will it be on my record in the future and how bad is that?

[justashooter 430]

And what about me being under the influence of an illegal substance? Will immigration services find out about this? Will it be on my record in the future and how bad is that?

USCIS will have access to all records of formal arrest or conviction. they prolly will not have indication of protective custody pursuant to medical treatment. this kind of thing is in a policeman's notebook, not NICS (National Instant Criminal Background Check System). your answer to any question you might need to answer will need to be made with an understanding of the actual meaning of the term "arrest". a formal arrest will involve booking, fingerprinting, reading your rights, etc, and will be recorded in NICS. to keep you more than 72 hours they need to formally arrest you.

USCIS will also have access to record of "involuntary commitment" which also has a specific definition, and involves a judicial order to hold you in mental health care for more than 72 hours. in some states a policeman or mental health physicial can "302" you, and hold you for up to 5 days pending a psychiatric eval.

in your case it sounds like there was no formal arrest or commitment, so you have no issue to worry about, in a legal sense.

you do have to think about the kind of people you are running with. PCP or "bath salts" laced cigarettes are not usually found at society lady's tea parties, or even in normal bars. you are talking low culture, or counter-culture, when you are running into this kind of thing. in future you should clean your act up and demonstrate more respect for yourself by way of the people you choose to run with.

[Harsh_77 718]

You are forgetting all the data even though confidential can always be shared with govt, USCIS or any other agency asking for might get it.

From your episode it seems you were just put in protective custody and not arrested. You can always check with local police station for the records.

[tehans 52]

Laced cigarette he he he he, haven't heard that one in a while