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Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 111963
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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My son has been offered a gap year placement in a school in

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My son has been offered a gap year placement in a school in America. He will be given board and lodging and pocket money. Last year a malicious allegation of rape was made against him by a former girlfriend. He was arrested but no charges were brought and there was no evidence. The police took no further action due to lack of evidence. How does this affect his American application to do his gap year here? He was 16 when this happened. Can you advise?
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Well, for two reasons, would not be an automatic bar against him. First, there is no conviction for immigration purposes. Second, it was while he was a minor. I do not believe he has to disclose this issue to the school. As far as U.S. immigration authorities, he is supposed to disclose it on any forms that they ask even though it did not result in a conviction and it happened as a minor. He should provide certified copies of the police report and disposition of the case to prove that the charges were drop. So at that point, they couldn't technically use that crime against him. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 2 years ago.
How does he get certified copies of the police report? Does he have to declare it?
Customer: replied 2 years ago.
Will it appear on the police certificate he gets for visa purposes or has it been automatically deleted?
He would contact the police and have them print out a copy of the report and stamp it as certified. Since it never went to court, perhaps you can get a disposition from them as well. As to disclosures, they will ask on the forms at the very least. Now here is the quandary. The U.S. probably cannot see that record as a minor and the case may be destroyed anyway. So there is probably a good chance that if he doesn't disclose it, they won't see it. But here's the rub. IF , in the unlikely event they do find it, and he did not disclose it, it becomes a permanent bar to admission. He would forever more need a visa AND a hard to get waiver to enter the U.S. If he discloses, they are not supposed to use it against him unless they think he may be a danger to the U.S. community and they deny him under those grounds, not the crime. Bu I doubt they would think that he is in any way a danger. So I have to go with disclose because that's what the law says he should do. But if you don't want to disclose, I think there is very little chance the U.S. will ever find out about that. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
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