Peruvians denied entry to US for arrest?

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naturegirl
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Peruvians denied entry to US for arrest?

Postby naturegirl » Mon Apr 11, 2011 9:10 pm

I'm posting this on behalf of a friend who's not allowed to post yet.


I married a peruvian citizen in chiclayo in 2009. I am currently still living in the USA waiting for an early retirement. Nothing is for sure on that. My now pregnant wife is living in the house we builit in Chiclayo waiting for me to retire.

She visited me in the USA en 2008 on a legitimate Tourist Visa. Our relationship was stormy at that point to say the least. Cut to the chase, the police showed up one day and arrested her for assault. The cops did not listen to me very well, and did something that should not have been done, but thats history. She now ( I assume) has a criminal charge in the USA, in which all charges were dropped by me, of course. The cop told here it would go into the computer and she would be denied re-entry into the country, but was not at all sure about that. Since the charges never amounted to anything, perhaps nothing is there. Only the immigration officer when or if she hits the states again will know.

So, for my question. Knowing all this...........if she wanted to use her Tourist Visa to visit me now and then go back to Peru with me after my early retirement papers are in, or alone if I must wait,................do you think they will let her in the country when she arrives at whatever USA airport she comes through?

In summary, she still has a legitimate Tourist Visa good until next year. She was arrested here in 2008, but returned to Peru shortly thereafter with no problems. If she tried to enter the country again, do you think they would send her back, hold her, possibly call me and ask why is my pregnant wife who was arrested earlier here again and give me the run through? Any experience with this sort of thing? Perhaps a few questions to some people you may know who can answer?


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Re: Peruvians denied entry to US for arrest?

Postby Cruton » Mon Apr 11, 2011 10:26 pm

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.

2. Was she charged with domestic assault? If you apply for a greencard for her, you will have problems getting the visa approved. The immigration office does not like to give greencards to people who have been charged with domestic assault and this goes double when the victim is the sponsor.

3. You can send in her fingerprints to the FBI and see what they have on her. This is a normal procedure for when you apply for a greencard as well.

I recommend that you post your question on this forum: http://immigrate2us.net/forum/content.php The people on there are immigration experts and they would be able to give you more details.
Good luck!
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Mon Apr 11, 2011 10:46 pm

he's going to go to Peru to live. The charges were dropped, but the police officer told him that if his wife tried to enter, she'd be denied. Not sure if that was an empty threat or not. I'll let my friend know. thanks.
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Re: Peruvians denied entry to US for arrest?

Postby Cruton » Tue Apr 12, 2011 12:02 am

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 :)
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Tue Apr 12, 2011 12:59 am

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 :)

Charges were dropped. She NOT trying for a green card. She's going to visit. He plans on going go live in Peru.

FYI: my husband has a tourist visa. He's married to me, an American, and hasn't been denied entry simiply for not having a US resident visa. We have no desire to live there at the moment. He has a US tourist visa good for 10 years and Korean residency visa and Korean ARC card. And he was denied a visa three times beofre he got this. He's entered the US three times on his tourist visa. Never had any problems. Ironcially , is't LEAVING peru where he has had problems.

Why would she be denied entry simply for having a tourist visa and being married to an American? That doesn't make sense.
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Re: Peruvians denied entry to US for arrest?

Postby allyourbase » Tue Apr 12, 2011 7:59 am

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.
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Re: Peruvians denied entry to US for arrest?

Postby jude » Tue Apr 12, 2011 2:34 pm

Visa aside, I'd be concerned about leaving a baby in the care of someone who is a perpetrator of domestic violence. You better hope the kid doesn't cry too much, or displease her in another way, or he's likely to be in for a world of hurt.
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Re: Peruvians denied entry to US for arrest?

Postby chicama » Tue Apr 12, 2011 7:16 pm

Cruton, you are right. You are not an immigration expert.

1.- People with pending Immigrant applications are still eligible to visit the US. I visited my US wife every other week while the immigration process was going on. I volunteered the info that I had a pending petition with USCIS, State Department, or US Consulate depending on where we were in the process. It was no problem. Moreover, my application was not visible to border immigration officers. If I had not told them about it, they would not have known any better. Some officers may want to see some proof that she will leave the US. Usually a plane ticket back would be a good idea. Some would want to know that she has a job to go back to. I was unemployed while we were going through the immigration process. I still was admited into the US every time.

If you are married, and you have not filed form i-130 yet, they may make a fuss about it, as they will suspect she is immigrating while in a tourist visa.

2.- Being charged with an offense is not enough to deny anyone access to the US. Convictions would be a problem. Police arrest means close to nothing. That is why we have judges and courts, and not a police state.

Domestic assault is a very broad term in many US states. In Washington State, for example, you can get a domestic assault conviction for throwing a stake across the dining room table.

3.- You do not have to get a police report from the US when you immigrate to the US. However, you will need to get police reports from any other countries where you have lived for over 6 months since you were 17, so long as those countries make them available. Mexico, for example, does not provide police reports, so the US does not require them. Peruvians have the misfortune that they are asked to provide police, court and prison records even if the police report is clear.

The best US Immigration Forum by far is visajourney.com
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Tue Apr 12, 2011 9:22 pm

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.


Ok, I'm sorry, I have to argue with that. MY arrest record is perfect. However, I have plenty of friends with minor issues, such as underage drinking or marajauna smoking. they have NEVER been not allowed in a country becuase of this. And they haven't had these things removed from their records.

And, once again, she is NOT immigrating! She is going to visit. Her husband will be immigrating to Peru!
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Tue Apr 12, 2011 9:23 pm

chicama, thanks so much. YOu've proved the best and most polite info so far.
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Re: Peruvians denied entry to US for arrest?

Postby Cruton » Tue Apr 12, 2011 9:49 pm

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.
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Tue Apr 12, 2011 9:59 pm

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.

You didn't come off as rude, actually, your links were pretty helpful. The big issue that I think is that the majority of the people who responded think that she's immigrating. She's NOT. She's going to visit. Her husband is the one planning on immigrating to Peru.

Anyways, you're right. Immigration isn't the nicest. US immigration I mean. My husband was grilled and even thought my DNI was fake. They refused to believe that I iddn't want to live in the US, at least for the time being, but I couldn't prove it, since I wasn't allowed in the embassy. Fourth try, he got his ten year visa. Now that we're residents of Korea and he has since gotten many pages of his passport filled with stamps and visas (granted these are second and third world countries we're visiting, so I hope that doesn't count against him), it should be easier for him to enter the US.

And like I said, the MOST problems he had with immigration, was leavnig Peru, where they refused to accept his eticket, saying he needed a bording pass, which he couldn't get until he was in the US and blamed him for not getting it and said they couldn't help because their system was down. :roll: He's lucky I wasn't there. I would have threatened to sue and made a HUGE scene.
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Re: Peruvians denied entry to US for arrest?

Postby MarcoPE » Tue Apr 12, 2011 10:08 pm

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.
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Tue Apr 12, 2011 10:13 pm

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.


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.
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Re: Peruvians denied entry to US for arrest?

Postby MarcoPE » Tue Apr 12, 2011 10:22 pm

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.


And I agree 100%. But the US system of immigration is crazy and, as I have read on many sites pertaining to this matter, you can have 10 people in line with the same basic backgrounds and 6 will get visas and 4 won't....and nobody seems to know the method to the madness.
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Re: Peruvians denied entry to US for arrest?

Postby allyourbase » Wed Apr 13, 2011 7:46 am

I don't know how to quote you on this thing haha so I am just going to use quotation marks

"Ok, I'm sorry, I have to argue with that. MY arrest record is perfect. However, I have plenty of friends with minor issues, such as underage drinking or marajauna smoking. they have NEVER been not allowed in a country becuase of this. And they haven't had these things removed from their records. "

Usually they classify criminals into violent and non violent offenders, then those who have done time and those who haven't. Most of the time non violent misdemeanor offenders don't have problems. I don't remember what you said his/her charge was... domestic violence right? They are not going to look at that nicely. Then like I said before, it doesn't matter if he was charged with it or not.

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.
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Re: Peruvians denied entry to US for arrest?

Postby Jonathanme » Wed Apr 13, 2011 10:21 am

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. There would not be allot of discussion because there would be others waiting in line.
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?
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Re: Peruvians denied entry to US for arrest?

Postby chicama » Wed Apr 13, 2011 1:15 pm

Jonathanme, Customs officers reject or accept things at the border. Immigration officals accept or reject people. Lucky for that lady you are not an immigration official. If a person is rejected on the checkpoint (e.g., where people or cars line up), they are sent to secondary inspection (i.e., inside). There they have a chance and more time to make a case. If the officer there does not care to listen, she can ask and insist to speak with the shift supervisor. Immigration law is complicated. It seems each immigration officer has a different understanding of what the law is, though they are usually within a range. Nonetheless, they are not there to do whatever they feel like. They are supposed to enforce the law as it is written.

Again, this lady does not have a conviction. She has no criminal record. (yeah, that is a period)

If this lady's husband is trying to immigrate to Peru, it would be best if he would start the paperwork to immigrate to Peru, so she can have some documentation that that is teh couple's intention, in case they will suspect her of trying to immigrate on a tourist visa.
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Re: Peruvians denied entry to US for arrest?

Postby fanning » Wed Apr 13, 2011 1:52 pm

When you apply for a US visa, one of the questions is if you have ever been arrested. That question has been answered with NO ( as at that time she was not arrested yet ), but the current situation is that she has been arrested.
Logic would tell that in that case ( if it is just to be sure ) to ask for a new tourist visa, in which you answer that you have been arrested, and you make your case before the consul.
If you are then still granted to tourist visa, you are free to travel, as they took your arrest into account.

If you don't get a new tourist visa, you will have to fill out the entry form when you arrive. There you must tell that you have been arrested, which then will cause a problem, as your visa was issued on the basis that you were never arrested.
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Re: Peruvians denied entry to US for arrest?

Postby kristidnyc » Wed Apr 13, 2011 4:18 pm

I agree with some posters above - you should definitely check with the Peruvian embassy and/or USCIS (although they are usually useless). Immigration personnel act on a whim, one would let her in, another would not. And - although she's applying for a tourist visa, they might deny her entry because she is married. I know it's not logical, but it's happened to some people I know.

My husband who is a Peruvian/US citizen was denied entry into Canada (I know, other country, but similar) because he had a DUI record from 10 years ago, and he claimed he had never been arrested or charged on his immigration form. I think a domestic violence charge may still be in the records, but I don't know. Better asking someone who knows the law, who is not guessing like the rest of us here.

Good luck.
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Re: Peruvians denied entry to US for arrest?

Postby seb2010 » Wed Apr 13, 2011 7:33 pm

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.


My husband is married to an American (me). He travels to the US for both work and holiday often. The immigration officers have been concerned (on three separate occasions) as to why he travels so much to the US and he's told them each time that his wife is American...he's visiting family and/or has work meetings and never has any trouble. If you're traveling as a tourist, then a tourist visa is what you should be traveling with. The US govt does not require all foreigners married to Americans to have citizenship or have a greencard.
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Re: Peruvians denied entry to US for arrest?

Postby naturegirl » Thu Apr 14, 2011 12:46 am

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.

Guys, if you're going to respond, please read the OP :)

The MAN is American.
The WOMAN is Peruvian
The MAN plans on immigrating to Peru
The WOMAN just wants to visit.

And police officers in the US aren't immigration officers. I'd take everything they say with a grain of salt.

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?

There are plenty of people who travel with minor offenses and have no issues. I agree with chicama. I'm glad you're not an immigration officer. Not saying that I have personally done it, but I know plenty of people with minor offences, espeically underage drinking. Do you think that these people should not be allowed a passport? No one's perfect. Are you saying that you've never made any mistakes?

Just to clarify, she DOES still have a valid US tourist visa.

Anyways, thanks for all your help , I'll pass this info on to my friend and his wife.
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Re: Peruvians denied entry to US for arrest?

Postby Jonathanme » Thu Apr 14, 2011 6:21 am

The best way to find out for sure is to buy a ticket and try to go to the US, and then come back and tell what happened.
Good luck.

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