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Question about Non Immigrant (NIV) security screening?

New York, NY |

Hello,

I have been issued a ten year multiple entry visitor visa to the United States, however, I'm afraid there "might" be a warrant out for my arrest, would they have issued me a VISA if I had a warrant out for my arrest? Thanks

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Attorney answers 3

Posted

Most likely they would not have issued you the visa, but anything is possible. You may want to speak with a criminal law attorney in the area where you may have had the warrant issued to investigate for you.

Attorney Khurgel is a former USCIS and State Department Embassy Officer. His comments on Avvo are general advice, and do not constitute an attorney-client relationship.

Asker

Posted

what if i dont know where the warrant might have been issued?

Jeff L. Khurgel

Jeff L. Khurgel

Posted

You may want to speak with a criminal law attorney about researching this as it is more in line with the criminal law field rather than immigration.

Posted

At first sight it seems highly unlikely that they would have issued you a visa if known you have a pending warrant for your arrest, but anything and everything is within the realm of possibilities. You may want a local criminal defense lawyer to research and investigate whether or not any warrant may have been issued concerning your person.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

what if i dont know where the warrant might have been issued?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Then hire a private investigator to place a cheap, simple nationwide search on the internet.

Posted

First of all, how could you "not" know if a warrant is out for your arrest? Did you commit any crimes while you were in the US? Were you ever detained or arrested in the US? Did you fail to disclose those instances on your visa application?

Unless you HAD those events occur and failed to disclose it, then there would be no reason to be concerned. If you HAD disclosed them, then it is unlikely you wouldn't have already dealt with this issue. Unless you lied on your visa application. Which would result in a ban.

I don't need or want to know the answer to any of these questions, but I would recommend that before you get on a plane, train or boat to come to the US, you contact someone in the US to do a criminal background check to find out if there are any arrest warrants in any places you have gone in the US, or where you might be charged with a crime. If there is, then you should contact a criminal defense attorney first, and THEN contact an immigration attorney to rectify any oversights on your VISA disclosures that might result in a ban.

This does not constitute legal advice or the engagement of my services as an attorney.

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