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  1. #1
    Join Date
    Aug 2007
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    4

    Default Was This An Arrest, And How Will It Affect My Visa Application

    In May, I helped my friend in his beverage store and sold beer to two young girls who showed me their fake ID. Before the store was closed, the police officers showed up and said we sold the alcohol to minor. They brought my friend and me to the policy office without any warrant. In the policy office, they took our picutres, fingerprints and personal information. Then they gave us the ticket and let us pay the bail. We have showed up in the court twice, but I still need to show up on Oct. 4. I'm Canadian permanent resident, and my wife is still studying in US. I want to visit her and dismiss my case at the same time, so I need to apply a visa. The follwoing are my questions:

    1. Is this an arrest? should I put "yes" in 38(1) of DS-156?

    2. If it was, will it affect my visa application?

    3. I made a visa appointment already, and in the confirmation letter, it says that I should bring "Criminal/court records, and extract of the law, regarding any arrest or conviction, even if later pardoned" if it is applicable to me. Does it mean that I need to bring the ticket that the policy officer issue me and a note that the court issue to let me show up on Oct.3?

    Thanks a lot!

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    I would say you were arrested by any country standards, being photographed and fingerprinted.

    I found this US State dept. site for those ineligible to enter, but until your case is adjudicated, it is unknown if it will affect your application? Ask when you are at your appointment.

    Scroll down to:

    (2) Criminal and related grounds.-

    http://travel.state.gov/visa/frvi/in...ties_1364.html

    BUT, does a Canadian citizen need a VISA to enter the US?

    http://travel.state.gov/visa/temp/wi...hout_1260.html

    Ask at your scheduled app. if the latter link is applicable as a yes or no, meaning if you become inelgible for a Visa as in the 1st link for your particular crime, does that still apply to a resident of Canada, per the 2nd link?

    Sorry if that confuses you, it does me somewhat?

  3. #3
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    Hi, BOR:

    Thanks for your quick reply, and I do appreciate your time and help.

    I do need a non-immigration visa because I'm a permanent resident only not a canada citizen. Also my visa appointment is on Sept. 5 and my next appearance in the court was scheduled on Oct. 4, so I won't know the result yet when I apply my visa. Can I tell the officer my story and say that "I need a visa to enter the US so that I can appear in the court"? Should the officer issue me the visa to let me done with my case?

    Thanks again

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    Take all documents with you that you have concerning your case and all you can do is get his or her opinion on IF you have to wait to finalize your application for a Visa until after trial or plea.

    You certainly have not been convicted yet, and you may be found not guilty.

    Good luck.

  5. #5
    Join Date
    Aug 2007
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    3,835

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    Quote Quoting wy3310
    View Post
    Hi, BOR:

    Thanks for your quick reply, and I do appreciate your time and help.

    Oh, by the way, you are welcome.

  6. #6
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    Thanks. I will try your suggestion. I just let lawyer write a letter to the officer to prove that I need to appear in the court and I'm trying to claim my innocence. Hope it will be helpful. In the purpose of visiting, I will put both "appear in the court" and "visit my son and wife".

    Thanks again, and I will report whether I get visa after my appointment.

  7. #7
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    yesterday, i got my visa smoothly. Turned in another $85 for finger check because of arrest history and told officer my story. Also my lawyer writer a letter to him to explain my situation.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Was This An Arrest, And How Will It Affect My Visa Application

    Quote Quoting wy3310
    View Post
    yesterday, i got my visa smoothly. Turned in another $85 for finger check because of arrest history and told officer my story. Also my lawyer writer a letter to him to explain my situation.

    Right on, glad you got your Visa.

    Good luck in your travels.

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