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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48771
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been arrested twice but not charged. I have now been

Customer Question

I have been arrested twice but not charged. I have now been offered a job in New York. Is this going to affect me getting a US visa?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What were you arrested for?
JACUSTOMER-vlajqe9p- :

assult

JACUSTOMER-vlajqe9p- :

Please can you respond?

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice. What type of visa specifically are you applying for?

JACUSTOMER-vlajqe9p- : I have been offered a job based in New York for a magazine. They will sponsor me.
Ben Jones :

Just to tart with, I need to make it clear that no one apart from the US Immigration authorities know whether you will be granted visa or not. So regardless of what I say today, the outcome could be different. However, based on general principles and previous dealings, I know that an arrest is certainly nowhere near as bad as a formal conviction, the latter of which could have jeopardised your application. If you are arrested there is no indication of guilt and it just means that there was an allegation and reasons to suspect you may have been involved. However, you are presumed innocent until proven guilty in a court of law, which never happened in your case. So whilst it does not look totally ideal, in a sense you do not have a fully clear record, his should be viewed as a minor issue because it did not lead to a formal conviction and there is no other evidence available to suggest you were guilty. As such, whilst they may ask questions about the situation you were involved in, they do not have the formal conviction that would allow them to make an easier choice of refusing you a visa and I am more hopeful than not that you would have no problems

JACUSTOMER-vlajqe9p- : So normally you would see a visa being granted? Would you see a delay due to this though?
Ben Jones :

The issue is that each situation depends entirely on its own circumstances and facts - you cannot say that someone in a similar situation has had no problems and as such you are guaranteed to have none yourself - it does not work like that. You will need to attend an interview at the Embassy and a lot may also depend on how you get along with that. There should not be an unreasonable delay as a result though, not unless they become suspicious for some reason and may ask you to provide more details about what happened but only time will tell

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

JACUSTOMER-vlajqe9p- : Is there any further advice I should be seeking?
Ben Jones :

At this stage any potential damage has already been done by the arrests, so there is not much else you can do apart from go through the application process, help with any queries and see how that progresses.

Ben Jones :

Anything else I can clarify for you?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks