Cruton wrote:I think it depends on how serious a charge it was. But my guess is that the immigration officer wouldn't see the charge at the border (since the charges were dropped). They would know about it if she applied for a greencard though.
But if he is going to the US to live, and his wife tries to enter on a tourist visa and they find out she is married to an American, that is when they would deny her entry. I have heard about that happening many times.
I hope it works out ok
allyourbase wrote:I'm pretty sure they are going to refuse him/her entry. When someone is arrested in the States, it doesn't matter whether you are charged or not for it to show up on your record. All those data collection companies and FBI record keepers, they scan local newspapers for arrests, like the day after it happens. Once they find that they enter it in the databases. I have several charges that were dropped by the DA, but they still show up on my background check. I had to call all the big data collection companies like Kroll and tell them to manually remove them - THEY WILL NOT DO THIS THEMSELVES. I am not sure about how arrests affect immigrants, but whatever they were arrested for is going to stay on their record, it is extremely difficult for a citizen to clean up their record much less an immigrant.
Cruton wrote:I am very sorry if I came off as rude. I didn't mean to be. I just had to deal with the immigration system for a few years and at the immigration forum where I was a member, I read a lot of terrible stories. I didn't want that to happen to your friend.
naturegirl wrote:Why would she be denied entry simply for having a tourist visa and being married to an American? That doesn't make sense
MarcoPE wrote:naturegirl wrote:Why would she be denied entry simply for having a tourist visa and being married to an American? That doesn't make sense
Actually, it doesn't really make any sense...but if you look at the website for the Department of State, the automatic presumption (from their point of view) is that anyone travelling to the US is planning to immigrate to the US; the person applying for a travel visa is therefore required to prove otherwise.
naturegirl wrote:And it can be pretty easy to prove. All my husband showed, the first time before he had Korean residency, was his one way ticket to Korea and a copy of my Korean residency card. The two other times he's been, he simply showed his one way ticket to Korea and his Korean reisdency card. No hassle whatsoever either of the three times. In LIma, however, he was grilled and quetstioned for over two hours.
Cruton wrote:I am not an expert, but there are two things that strike me from your post.
1. If you are married, and your wife enters the US on a tourist visa, and the immigration official finds this out, she may be denied entry for trying to migrate on a non-immigrant visa. The officer would then cancel her visa and she would be offered voluntary departure (deportation) to Peru.
allyourbase wrote:It would be different if he were maybe European, but beings the act that hes especially Peruvian, I wouldn't plan things as if he were going to go through customs trouble free. Especially since the police officer in the States specifically said he can't return.
You can always go directly to the American embassy and ask them instead of risking a plane ticket on it.
allyourbase wrote: Basically just put yourself in the shoes of the customs officer.
If I scanned a guys tourist visa /passport and he had any charge what so ever, I most likely would not let him gain entry to the US. Being allowed a tourist visa in any country is a privilege not a right. You break the laws in any country, why would you expect to be let back in?