Originally Posted by
mikemey
My suggestion is to apply for the B-2 visa. If you've been arrested, the way I interpret the site, you can't come to the US without a visa. Convictions or not don't matter.
Not saying its right or fair (especially in the case of an acquittal), but thats what the idiots in Washington want.
Appling for a B-2 visa will cover all the bases. In general terms, you can come to the United States if you have been arrested and not convicted. There are even convictions that will not make you inadmissible. If you have been arrested but not convicted of a crime that would make you inadmissible, I would have to get you to admit to the essential elements of that crime in a sworn statement before I could refuse your entry with the criminal grounds of inadmissibility. Especially, if you arrived by air. If you have been acquitted of a crime you are good to go and will not be refused. If you have charges pending, it can get a little dicey. Depending on how serious the charges are that are pending, you may get refused or in most cases allowed to withdrawal your application for admission until you can provide certified court records showing the disposition of the charges.
FB
Originally Posted by
GUWonder
A lot of the folks in the Embassy do work for the State Department, a part of the USG which also does enforce parts of the INA and may have to support INA-related charges in court.
State uses the INA to issue visas. State does not determine admissibility. Even if issued a visa you are not guaranteed admission. Customs and Border Protection determines admissibility. State does not take admissibility cases to court. CBP, ICE, and CIS are the agencies that do that.
FB