how to avoid trouble in my visa and POE

E

enw3

New Member
Now I need to go back to get the visa stamp.


But about 6 yeers ago, arested by police's wrongfull judgement for misdemenor petiti laceny - found not guilty, and judge dismissed the case on the first hearing - no delay adjudication, no class, no fine, no probation, no comunity service, nothing at all. That was because even I was right at that time, and police made wrong judgement and actions. Was taken fingers and photos, but lawyer expuged police and court records after the court.


But we did not ask for any record when everyting expuged - we really do not know at that time, because we were confident and happy about the result. I now only have the original expuge approval document, and all my previous relief useless now. Just can not image I could fall in misteke so easily.


So for visa, what VO will ask and check ? what kind of document do I need to prepare ?

And for POE, what could happen there ? If somthing happen, is my expuge approval enough, or I will be in big trouble ?

I really do not have any other document at all because they all gone forever.
 
You can request the disposition of your case from the court that dismissed you. Since the case has been expunged, you will likely receive a letter from them saying that they can't find your case. Bring this disposition and your original expungement document, and you should be ok. Just don't lie and tell them exactly what happened.
 
Re : how to avoid trouble in my visa and POE

I deeply thank you for your bring relief and suggestion. Now I am very concerned about POE. When I am at POE with visa, could you please detail if possible :


Is it ok if I do not say this unless/until officer ask ? or, is it better for me to wait for officer there bring this up first ?

Just by expuge document and no case found document, will officer let me in ? If not, what will happen then and what do I need to do ?


Just feel I could so easily be fooled by law related things even I did not do anything wrong. Why don't they ask us to pass law test first before granting us a visa ? of course, this is not to be an excuse.
 
When you apply for a visa, you will be asked whether you have ever been arrested, charged, or convicted for a crime on the online DS-160 form. You need to say 'yes' then explain that your criminal case had been dismissed because you were found not guilty. As long as you fill out the form honestly, it is best that you say nothing unless specifically asked. The ICE officer at the POE has all the information on your visa application form, if he needs any additional information he will ask for it.

Oh, if you are dismissed because you were found not guilty, you do not have a conviction. This means you can not be refused admission based on the arrest. The only problem is if you lie on the visa application and say that you've never been arrested. The arrest is not a problem, but the lie is. You'll be ok, just have the disposition and expungement letters ready in case they ask for them.
 
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