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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 138996
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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I have an immigration query in relation to a US visa. I am a

Customer Question

Hi there. I have an immigration query in relation to a US visa. I am a UK citizen
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: UK. I have an appointment with the US embassy next week, but urgently need advice on a specific query
JA: Have you talked to a lawyer about the visa?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Bascially, I was arrested in 2020 and released, no charge, no court referal and no CPS review whatsoever. I just need to understand can I still fly on ESTA or must I go asnd get a visa?
Submitted: 15 days ago.
Category: US Law
Customer: replied 15 days ago.
I also have a clean criminal record certificate, with 'No Trace'
Expert:  Guillermo Senmartin replied 15 days ago.

Hello! My name is***** and I am a licensed attorney with more than 20 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice. Also, the system may send a message asking if you want to upgrade to a phone call. That is automated. You can ignore it if you like and continue here for no additional charge, or if you find it easier to speak, upgrade as it is usually worth it.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. I am confirming by this response that I did receive your question, but if you want to make sure that this session doesn't escape my notice, just send me a short reply. Thank you for your patience.

Expert:  Guillermo Senmartin replied 15 days ago.

Sorry for the delay.  You probably cannot use an ESTA.  What was the arrest for?

Customer: replied 15 days ago.
I was incorrectly arrested after a false allegation was made against my ex partner, in relation to a molestation against my four year old daughter. After an extensive investigation, with witness and character witness statements, the case was closed. No referral was made to the CPS as the local police force concurred that there was no grounds for proceeding.
Customer: replied 15 days ago.
The claims were fabircated and completely designed to cause deliberate malice. I had been pushing for access to my daughter through the family courts - the allegation was made a few weeks prior to a court appearance to obtain formalised access to my daughter.
Customer: replied 15 days ago.
Again, I was released under investigation, not bailed. Then the case closed and never charged
Expert:  Guillermo Senmartin replied 15 days ago.

Unfortunately, you're going to have to apply for a B-2 tourist visa and provide certified copies of the police report and evidence backing up what you are saying that charges were not filed or were dropped, etc.  The ESTA is basically for people that have pretty much nothing in their background.  I am truly sorry.  I wish I had better news because it might be challenging to get an appointment any time soon.  I hope you didn't make firm travel plans,

What else may I answer for you? I want to make sure you are satisfied and happy with my service to you.

Customer: replied 15 days ago.
Thanks for confirming. I have correspondances from my lawyer who represented me at the time, confirming the dropping of the case from Gwent Police. I also have my ACRO police certificate (dated April) confirming no police interaction nor previous convictions or cases pending. I have already booked in an embassy inverview for next Monday. I will attend the meeting fully armed with the relevant information.
Customer: replied 15 days ago.
Is there anything else I can prepare for the meeting next week? Perhaps a full timeline of events and outcomes?
Expert:  Guillermo Senmartin replied 15 days ago.

The visa officer wants to make sure that you are not a danger to anyone in the U.S., that you will not work in the U.S., and that you have strong ties to your home to ensure that you will go back home on time.  Here are some links to the last element:

http://www.ilw.com/articles/2009,0528-schwartz.shtm

https://www.quora.com/How-can-you-prove-you-have-ties-in-your-home-country-when-applying-for-a-B1-B2-visa

https://www.us-immigration.com/blog/how-to-show-ties-to-home-country-during-a-visa-interview/

As to the other things, as I said, certified copies of the police report and that the case is closed, and then everything else that you listed to show your good moral character, etc.  


What else would you like to know? It is important to me that you be satisfied and pleased with the answers that I have provided.

Customer: replied 15 days ago.
That's all. Thanks for the assistance
Expert:  Guillermo Senmartin replied 15 days ago.

You are very welcome.  Thank you for being a valued customer. Due to time constraints, I am not really available for follow-up questions, but if you need more help or for any situations in the future, please post a NEW session and remember to write FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review and for a very competitive price. Those cases are primarily Adjustment of Status, Removal of Conditions on green cards, and Naturalization. If interested, please let me know so that I can send you a Premium Service request for just a few dollars to discuss in private. I hope you continue to use Just Answer in the future. It really is a great site where, from the comfort of your own home or office, you can communicate with experts in many different areas apart from Legal like Medical, Tax, Automotive, Computer, Electronics, and the list goes on and on. Thanks again and good luck in all your endeavors!