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Arrest affecting Green Card ?

Business 4 views 4 answers
Hi, I have been charged in 2006, the case was dismissed in 2008 and destroyed in 2009. I applied for B1 visa in 2008 and B1 visa in 2010 but I did not tick "if i have ever been arrested" as I didn't clearly understand the meaning of my misdemeanor which in my understanding was not arrest (at that time). I received both visas for short vacation. Later on in 2014 I have consulted with attorney and found that I have made mistakes in my past visa applications and in 2014 visa B1 application I mentioned all the information about my criminal record of 2006 even though it had been dismissed. My question is Will this affect my immigration and receiving my Green card in future? Thank you!

Attorney Answers

4
Rachel Benedict ·
I agree with Attorney Berman. You may not have been arrested. Your immigration attorney can help you to determine the best way to describe any arrests/charges as well as any possible inconsistencies between your answers on your visitor visa application and your permanent residency visa application. Good luck.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Probe this matter further with your attorney who has the benefits of all the facts and documentary evidence of your case/incident. Not every "charge" results in an arrest. Usually you have only been "arrested" if you saw the inside of a police station and if your picture and fingerprints were taken.
0 upvotes
Stephen Berman ·
If they determine that you intended to mislead them, then yes. If not, then no. Being charged does not mean you were arrested. They may or may not have arrested you.
0 upvotes
Alec Cannon ·
You should talk to an immigration attorney. There are many here in Utah who can help you with this. Based on what you have said here, there's a good chance you did not commit a material misrepresentation that could render yourself inadmissible. But regardless of your intention, it is possible a consular officer will determine you did make a material misrepresentation, so you'll need to talk to an immigration attorney to help give you the best chance possible at securing a visa in the future. Good luck!
0 upvotes

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