RE-Entry to the USA After Past Assault Charge (charges dropped)

[Ganicus 0]

I posted this in the non-family section by mistake, so posting it here. Sorry.

I married a peruvian citizen in chiclayo in 2009. I am currently still living in the USA waiting for an early retirement from the Postal Service if offered. Nothing is for sure on that. My now pregnant wife ( 8 weeks, i visited in February) is living in the house we built in Chiclayo waiting for me to retire, hopefully, and go to live there and possibly work as a teacher, or other.

She visited me in the USA en 2008 on a legitimate Tourist Visa. Our relationship was stormy at that point to say the least. Cut to the chase, the police showed up one day and arrested her for assault. The cops did not listen to me very well, and did something that should not have been done, but thats history. She now ( I assume) has a criminal charge in the USA, in which all charges were dropped by the county. The cop told here it would go into the computer and she would be denied re-entry into the country, but was not at all sure about that. Since the charges never amounted to anything, perhaps nothing is there. Only the immigration officer when or if she hits the states again will know for sure, but I think the Cop was merely making a guess as they dont know immigration law at all here.

So, for my question. Knowing all this...........if she wanted to use her Tourist Visa to visit me now and then go back to Peru with me after my early retirement papers are in, or alone if I must wait,................do you think they will let her in the country when she arrives at whatever USA airport she comes through? Possible detainment? Or Sent back immediately? Or perhaps there is nothing in the computer and it will be routing? She has entered the USA many times in the past and always left on time and her tourist visa is good until july of this year.

In summary, she still has a legitimate Tourist Visa good until next year. She was arrested here in 2008, but returned to Peru shortly thereafter with no problems. If she tried to enter the country again, do you think they would send her back, hold her, possibly call me and ask why is my pregnant wife who was arrested earlier here again and give me the run through?

Thanks for any and all comments. I have exhaustively researched this and can come to no conclusion

[canadian_wife 1,791]

When she arrives she will have to complete a form (since I am not from a VWP country nor a country requiring any type of visa to enter the US - I cannot be sure), on this form, does it ask if one has ever been arrested?

This is more of a question for the VJ community as I am interested in this case.

Good luck

[Brother Hesekiel 2,235]

You need to understand something.

You live in a peaceful neighborhood, then, one night, decide to go for a walk. Five blocks away a liquor store is being robbed by a guy that, according to the demented store clerk, looks a bit like you. The cops search the neighborhood, hoping to find the guy who robbed the store, see you, and arrest you, just in case. You are later released. Do you now have a black spot on your record for armed robbery?

I didn't think so either.

For the same reason your wife has nothing on her record. A record starts after a conviction, not a minute earlier.