US visa interview and arrest?

Stercus Accidit

Long story short, I was once wrongly arrested and summonsed over something which was totally wrong, and the court date was never actually scheduled, as such nothing ever happened.

I want to go to the US on an internship visa, but have to say 'yes' to the 'ever been arrested' question, and I never had my day in court to have the whole thing thrown out.

Has anyone any experience of this and how will it affect my application?

Thanks.

tenchi-fan

You need to answer yes! If the gardai have record of the arrest they will state this on your police cert. They don't care that no further action was taken.

Your best action is to disclose the arrest and explain to immigration that no further action was taken.

InTheTrees

I would talk to an immigration lawyer first.

I would also check with the cops. There's a way of checking to see whether you have a "record" or not isnt there?

When you say you never had a day in court i think you mean you weren't charged with any offense right? Or that the charges were dropped?

Thats good.

bobo the clown

InTheTrees wrote: »

I would talk to an immigration lawyer first.

I would also check with the cops. There's a way of checking to see whether you have a "record" or not isnt there?

When you say you never had a day in court i think you mean you weren't charged with any offense right? Or that the charges were dropped?

Thats good.

If thats the case i dont think you need to disclose being arrested. If you were charged it would be on record, If not it wont be imo

InTheTrees

bobo the clown wrote: »

If thats the case i dont think you need to disclose being arrested. If you were charged it would be on record, If not it wont be imo

Well I'm not so sure. Thats the problem. And the definition of "arrest" can be very vague as well.

tenchi-fan

bobo the clown wrote: »

If thats the case i dont think you need to disclose being arrested. If you were charged it would be on record, If not it wont be imo

bad advice. If the immigration officer uncovers an omission you will definitely be declined a visa.

bobo the clown

tenchi-fan wrote: »

bad advice. If the immigration officer uncovers an omission you will definitely be declined a visa.

true better to be safe than sorry. But if its put in and its not on your record you would be bringing alot of unneeded attention on yourself. And it is very easy your visa is declined if you say you were arrested anyway

tenchi-fan

I suppose if the op could get a copy of their rap sheet. If it's blank, don't disclose it. still, these things are like bad pennies!

lonestargirl

tenchi-fan wrote: »

bad advice. If the immigration officer uncovers an omission you will definitely be declined a visa.

+1

bobo the clown wrote: »

true better to be safe than sorry. But if its put in and its not on your record you would be bringing alot of unneeded attention on yourself. And it is very easy your visa is declined if you say you were arrested anyway

If you subsequently go for an immigrant visa for the US (i.e. one with a route to a green card) a police report is required from all applicants. There is a very real possiblity that a lie would be discovered at this point leading to a whole lot more trouble.

OP, it seems like you are very unlikely to be denied a visa given that you were never convicted for the offence. There is a website called BritishExpats which has a lot of good immigration advice. Here are some recent posts from people in similar situations to your own.

http://britishexpats.com/forum/showthread.php?t=674804&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=675639&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=675113&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=673192&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=672085&highlight=arrest

If you read through the forum there are many examples of people with convictions who have been granted visas.

me-skywalker

lonestargirl wrote: »

+1


http://britishexpats.com/forum/showthread.php?t=674804&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=675639&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=675113&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=673192&highlight=arrest
http://britishexpats.com/forum/showthread.php?t=672085&highlight=arrest

If you read through the forum there are many examples of people with convictions who have been granted visas.

Jeez theyre not very helpful on that forum at all at all are they poor guy ended up getting mroe grief tha answers!

Stercus Accidit

I'll have to apply for the cert I guess, as I have no idea if there is anything even on there.

Black Swan

Please be advised that we cannot give legal advice on North America forum/boards.ie, regardless if the poster giving the advice is qualified or unqualified. So the OP should be cautioned about accepting and acting upon any advice given by posters here.