NSW Arrested but Charges were Dropped - Would This Hinder Visa Application?

[PaNa]

Hi, just a very quick question. If you were arrested and charged, but then the charges were dismissed, would this prevent you from obtaining an L-1 visa under Immigration Law?

I was wrongfully arrested and charged when I was 19. The charges were dropped due to lack of evidence, however, as per the instructions I have declared this arrest in my Visa application. I am anxious that this does not hinder my ability to move to the USA as part of my Career path.

 

[Therese]

Hi PaNa,

it is my understanding that charges that are dropped do not appear on your criminal record and should not affect your options.

However, if you were asked to demonstrate this information in the application they may be trying to establish the criteria of good behaviour.

As you were not convicted this would be in your favour, however to be certain I would contact an immigration expert. See Get Connected with the Right Lawyer for You

 

[Bewildered]

Our family has a similar problem. My spouse was incorrectly accused and subsequently arrested and charged with assault which was eventually dismissed due to lack of evidence. Fast forward 6 years and a holiday to the USA has become an expensive nightmare as the online ESTA was denied because the question states "have you ever been arrested or convicted of......." Yes he was arrested but there is nowhere for you to explain the charges were dropped. He had to get copies of the court docs and fly 1600kms to Sydney to attend an interview at the US Consulate and pay over $250 for a visa. Total cost was in the vicinity of $1800 by the time 2 days lost wages, flights, accommodation, transport etc was added up. All because someone decided to lie to cover up something they did wrong 6 years ago. This will happen every time he goes to the US in future. It totally sucks!

 

[harryluther]

I think you need to consult a legal expert to solve your problem.