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Visitor Visa for Brazilian with previous arrest

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  • Visitor Visa for Brazilian with previous arrest

    Hello all,

    I am posting here for the first time because I am seeking a solution for a friend. She is a Brazilian national that has spent both time as an undergraduate and graduate student in the United States.

    In November 2014 she was involved in a domestic dispute incident for which she was arrested. There were subsequently no charges filed and she was promptly released from custody. She later filed and received an order of expungement from the county.

    She returned to Brazil in 2015. In July of 2016 she applied for a Tourist Visa to return to the United States. She notified the interviewer of her previous incident and they asked her for the order of expungement. Here's the difficulty: Unfortunately, she never made a copy of the expungement and, at some point, she lost the paper and no longer has it. As a result, she was subsequently denied the Tourist Visa.

    The embassy has told her that she must obtain the expungement in order to grant her a new visa. The county clerks office has told her that they cannot provide the order of expungement unless she physically presents herself to pick it up (which of course she can't without the visa to enter the country). Thus, she is stuck in this exasperating catch-22, and I am hoping that there is someone here that could provide some insight for a potential solution.

    Thank you very much for your time

  • #2
    Unfortunately, there is no easy solution. She should consult an attorney to see if there is any way around it.
    Immihelp Support
    No legal advice. Use at your own risk.

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