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Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 112011
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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Hope you can help. I am applying c-1/d flight crew

Customer Question

Hi. Hope you can help. I am applying for a c-1/d flight crew visa for the USA. 7 years ago I was wrongly arrested for a domestic incident. The person involved admitted wrongful accusation. The case was dismissed straight away and the record expunged. I just want to make sure there will be no implications when I apply for this non immigrant visa. I have visited the states since on an ESTA with no issues. I look forward to your response. Kindest regards T.
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
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. When you say that you visited the U.S. since, did you apply for the ESTA originally before or after this arrest? Did you fill out any paperwork, to get the ESTA or when you were on the plane to the U.S. where it asked if you were ever arrested and you marked NO when in actuality it was supposed to have been a YES?
Customer: replied 2 years ago.
Hi Guillermo.
Thanks for getting back to me.
As your aware the questions asked on the ESTA are different to the actual visa questions themselves. When I'm applying for the visa, I will indeed need to answer yes to that question.
The case was dismissed straight away as it was a wrongful accusation and my record expunged.
Where my question is: will this have any implications or prevent me from getting a non immigrant visa which is required for flight crew. I have all the documentation with the case dismissal etc, I just need to put my mind at ease,that I shouldn't be refused a visa based on an arrest that was dismissed?
Expert:  Guillermo Senmartin replied 2 years ago.
The problem is that the questions on the ESTA have changed over time because people have skated around that issue, so they have updated the question to catch any such issues. So I ask again, then you filled out the paperwork for the ESTA, was it before or after your conviction? How long ago did you fill out the ESTA? What I am basically looking for is if you filled anything out in regards ***** ***** ESTA or anything on the forms in the airplane where an officer could interpret that you misrepresented, even if non-intentional, that you had been arrested in the past regardless of a wrongful accusation and regardless of the record being expunged?
Expert:  Guillermo Senmartin replied 2 years ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through. Yes, I believe if you have incorrectly answered any of the questions on the ESTA related to an arrest, anywhere, ever, you will have problems getting any other visa in the future. As I have said previously, it really depends on the timing as they have changed the forms over the years because people were giving answers that were not exactly accurate and people were having issues because they would try to argue, "Well, it doesn't actually say X, it says Y and what happened to me was X, not Y" and then losing out on that argument and causing problems all around for officers as well as travelers. The idea of the ESTA is that it is for people from countries that have low rates of illegal immigration and that have nothing in their backgrounds that may be a danger to the public in the U.S. However, when one has something, even something minor and says they have nothing, it removes the ability of the U.S. to make the decision on whether or not the person is a danger. Basically, the person that could be a danger is the one that is making the decision by not mentioning an issue and the U.S. doesn't want that. The U.S. wants the ability to make that decision. I hope you understand the reasoning for that. Anyway, so yes, you could have an issue if the U.S. believes that you misrepresented yourself at any time that you applied for and/or used an ESTA. If you want to go prepared for the interview, I would be honest about the situation and I would take certified copies of the police report and certified copies of the court disposition or whatever document is available to prove that the case was dismissed because they won't take just your word for it. 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.
Expert:  Guillermo Senmartin replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo Senmartin replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo Senmartin replied 2 years ago.
Thank you for your kindness and respect. Good luck to you.