Hi,
I have searched through existing threads on criminal records and US visas, but this situation is a bit different, so I thought I would post it in a new thread.
About eight months ago a close relative of mine was found not guilty by a jury in a QLD court on several charges. The types of charges would certainly be classed as 'moral turpitude'. For what it's worth, the not guilty verdict was very much the correct one in this case and they don't feel like they should be punished any further for something they should never have had to go through in the first place (they have already been through two years of hell leading up the the trial).
Their solicitor advised them that their arrest record is supposed to be deleted immediately and that they should be fine applying for the e-visa VWP, and that he has had their clients in the same situation, not have a problem. My concern/worry is that this would involve them having to be less than honest about the question about whether or not they have been arrested before.
A few questions I have are:
- Would the 'arrest record' have existed on some internationally available law enforcement database before the not guily verdict, meaning that the US immigration authorities will know about it (they have never applied for a US VISA-Waiver before, or any visa since the arrest)?
- Is there a risk that QLD police don't delete the arrest record?
- Is there a way to check if it has been deleted (preferably a cheaper way than having their $300+ an hour solicitor do it).
- If they chose to be honest and went down the path of going in for the interview for a visa, what would their chances be like? (they have no criminal record or any other arrests, this was their only run in with the law - aside from very minor traffic fines).
We are really in the dark about this and would appreciate any advice
Cheers,
Bob
I have searched through existing threads on criminal records and US visas, but this situation is a bit different, so I thought I would post it in a new thread.
About eight months ago a close relative of mine was found not guilty by a jury in a QLD court on several charges. The types of charges would certainly be classed as 'moral turpitude'. For what it's worth, the not guilty verdict was very much the correct one in this case and they don't feel like they should be punished any further for something they should never have had to go through in the first place (they have already been through two years of hell leading up the the trial).
Their solicitor advised them that their arrest record is supposed to be deleted immediately and that they should be fine applying for the e-visa VWP, and that he has had their clients in the same situation, not have a problem. My concern/worry is that this would involve them having to be less than honest about the question about whether or not they have been arrested before.
A few questions I have are:
- Would the 'arrest record' have existed on some internationally available law enforcement database before the not guily verdict, meaning that the US immigration authorities will know about it (they have never applied for a US VISA-Waiver before, or any visa since the arrest)?
- Is there a risk that QLD police don't delete the arrest record?
- Is there a way to check if it has been deleted (preferably a cheaper way than having their $300+ an hour solicitor do it).
- If they chose to be honest and went down the path of going in for the interview for a visa, what would their chances be like? (they have no criminal record or any other arrests, this was their only run in with the law - aside from very minor traffic fines).
We are really in the dark about this and would appreciate any advice
Cheers,
Bob
