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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Security Clearance with Dropped Felony Charge

    Hi, I am stuck in Turkey waiting on a security clearance to return to the U.S. I have been living in the U.S. for 10 years and my parents are permanent residents. I am concerned however about the security clearance procedure because of an arrest that took place back in may. The incident was battery and force other than firearm which was both wrongful and both dropped without any charges or court appearance. I had called the cops on my girlfriend after taking a beating from her in my own house and SFPD took me in when I invited them over. When I applied for my visa the consular officer told me there was a match in IAFIS database (fingerprint) and this must be the scan they took when I was taken to jail. I only stayed in jail for 10 hours until the DA read the case and dropped all charges.

    I am very nervous to know whether this is a problem. I don't have any other convictions, and I was by no means guilty on this case. Yet can only a match on IAFIS records constitute a problem?

    Based on my research on IAFIS a police disposition record is needed to see why that fingerprint is there for criminal activity. I do not know if SFPD has sent such a disposition to IAFIS or FBI and wonder if this will delay the wait time of the clearance.

    I am really bothered by this and cant return to my family, school and friends for a time period I have no idea how long will be. Your help and suggestions will be much of help.

    (according to the immigration act inadmissible persons need conviction of crimes.. since I have no convictions am I safe?)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Security Clearance with Dropped Felony Charge

    An encounter with the police can cause problems on a background check, but if in fact the charges were dropped in a matter of hours I would be surprised if that alone prevents you from obtaining a visa.

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