US B2 VISA Question
 

hi

my wife got her b2 visa at new delhi and she "might" think she has a warrant for shoplifting in the US and is afraid of being detained at the port of entry we are traveling for Christmas.

would they have issued the b2 visa if she had a warrant in the US? because she might just be paranoid and we don't want to throw the money on a lawyer for this. thanks

Re: US B2 VISA Question
 

In another post you indicated your wife was a UK citizen. Why would she need a B-2 visa from New Delhi?


They might have, yes... especially if whatever incident was not disclosed on the application!


Ian

Re: US B2 VISA Question
 

Yes, cannot use waiver as she overstayed by 3 days in the past reason why Ian

Re: US B2 VISA Question
 

i thought a background check was run at the embassy, crazy they do not check applicants for warrants

Re: US B2 VISA Question
 

How long ago was the shoplifting incident? If did not follow through by appearing at any required court dates, it there could be a warrant out for her arrest. If that's the case, then she could be detained at the POE.

Yes, if she didn't declare the incident when she applied for the B-2.

Might be worth "throwing money on a lawyer" now, to find out for sure, rather than throwing MORE money on a lawyer if she gets detained at the POE...not to mention ruining the holiday.

Rene

Re: US B2 VISA Question
 

Background checks are run for immigrant visas. I'm not sure if they are run for tourist visas.

Rene

Re: US B2 VISA Question
 

I thought for non immigrant too!

Re: US B2 VISA Question
 

Could be. As I said, I don't know for sure.

Rene

Re: US B2 VISA Question
 

How would the US federal government know that a local town judge ordered an arrest warrant on a shoplifting charge? This presupposes an almost unimaginable level of interagency cooperation at the local, state, federal, and international level... something that is far beyond the scope of a simple B-2 visitor visa!

Bottom line - if she's worried she'll be arrested, then she shouldn't travel. Simple!

Ian

Re: US B2 VISA Question
 

Have a look at this old post by one of our members who is an immigration attorney.

Re: US B2 VISA Question
 

http://www.visajourney.com/forums/to...curity-checks/

Interesting wonder if that applies to niv visas too

Re: US B2 VISA Question
 

Yes, Administrative Processing can be applied to ALL visa cases...both immigrant and non-immigrant.

Rene

Re: US B2 VISA Question
 

This is quite some info that clarified my concerns

http://www.fwhonglaw.com/imm/admissi..._iv_applns.pdf

Re: US B2 VISA Question
 

Something a bit odd about this whole situation overstaying, applying for visas in different countries to where the passport issued, a ?shoplifting record all seems very off the wall. Sure ian has seen worse though :P

Re: US B2 VISA Question
 

nothing odd just life

Re: US B2 VISA Question
 

Did she caught for shoplifting? Was she stopped by the shop security or by the police? If she wasn't stopped then it is unlikely she was identified as having committed shoplifting and it is unlikely she is wanted on an arrest warrant.

Re: US B2 VISA Question
 

Two observations:
- The post you reference uses the term "Administrative Review". I often wonder if Administrative Review and Administrative Processing are synonymous or refer to two different processes.
- It seems that most people, when finding out they are in Administrative Whatever, immediately wonder what security issue they've been caught up in. Administrative Whatever does not necessarily involve security issues, it includes other issues as well.

Regards, JEff

Re: US B2 VISA Question
 

Based on this

http://www.fwhonglaw.com/imm/admissi..._iv_applns.pdf

if you hit a database they check you wouldn't be elegible to obtain a non immigrant visa, right? however, I don't think none of these databases check for active warrants, probably ncic do.

She just does not want to travel to the us and face problems at POE, our lawyer asked where this happened and she does not remember the county we looking into it... intellius and sites like that show no warrants but who knows? I told her that my guess is that if she was granted a B2 (cause of the overstay, since she is UK) then I guess she is OK to go and chances of being detained at POE are nearly 0 because she was probably screened at the embassy, however, due to her small overstay she might be reffered to secondary? Who knows

Re: US B2 VISA Question
 

http://www.jackson-hertogs.com/jh/80012.pdf

"All visa applicants are subject to CLASS (Consular Lookout and Support System), Integrated Automated Fingerprint
Identification System (IAFIS), and IBIS (Interagency Border Inspection System) security checks. These security checks can
result in significant visa processing delays"

This initiates a number of automated
checks in the Interagency Border Information System (IBIS), which
contains "lookout" databases maintained by the U.S. Customs Service;
the State Department; the Bureau of Alcohol, Tobacco and Firearms; the
Drug Enforcement Administration; the Royal Canadian Mounted Police;
and other law enforcement agencies. It also includes warrants and
arrests from the FBI's National Crime Information Center database
(NCIC) and lookouts posted in the INS's National Automated Immigration
Lookout System (NAILS)."

I assume IBIS is ran when issuing a B2 visa (NIV) therefore if she had a warrant a VISA wouldnt have been issued -- am I assuming right?

Lot of knowledge in here, anyone?

Re: US B2 VISA Question
 

The US Bureau of Consular Affairs does not issue credit cards under any circumstance.

Regards, JEff

Re: US B2 VISA Question
 

a B2 non immigrant visa, what credit card are you talking about?

Re: US B2 VISA Question
 

VISA ;)

Re: US B2 VISA Question
 

The one you mentioned in your post that I quoted.

Regards, JEff

Re: US B2 VISA Question
 

ok

Re: US B2 VISA Question
 

No.

Ian

Re: US B2 VISA Question
 

could you explain why not?

Re: US B2 VISA Question
 

whats said on the pdfs i listed is wrong? It does say a name check is ran against fbi and ncic and class... if there was a warrant it should pop up on ncic

Thanks and i question to learn not to confront dont get me wrong ian

Re: US B2 VISA Question
 

If it's a US warrant?

Regards, JEff

Re: US B2 VISA Question
 

I believe I stated my position in post #9.


Probably not... but my guess is that unless it's a federal warrant, it's likely not going to be noticed by a federal agency.


Do you honestly think that the FBI, CLASS, and every other agency you mentioned is going to run a scan looking for someone with a petty shoplifting charge in order to screw them over on the off chance that one day they'll show up in the US asking permission to enter? I mean... really, do you honestly believe that?

There's an old saying... don't use a sledge hammer to swat a fly.

Ian

Re: US B2 VISA Question
 

or crack a nut.

Re: US B2 VISA Question
 

Question then is, if she got her b2 will she face any trouble at Port of Entry or do they run different bground checks ian

Re: US B2 VISA Question
 

The big unknown.

Re: US B2 VISA Question
 

thank you boiler, after lots of reading i can conclude us embassy will run you against class/ncic/ibis and if neccesary or if there is a positive hit put you in administrative review if you are member of the know 26 countries, ian said no but i wanted some details

Re: US B2 VISA Question
 

Well if there is a warrant it could come up at the PoE, I have seen cases where that has happened.

Re: US B2 VISA Question
 

Generally, there are no background checks at the POE... but Boiler is right - you never know what might show up on the CBP officer's screen. As I said before, if she's worried she'll be arrested, then she shouldn't travel.

The US is only one of about 190 or so countries in the world... why not visit someplace else?

Ian

Re: US B2 VISA Question
 

Thank you for your input, I was doing a little research not only because of her case but also to gain knowledge on how some immigration things work, this might just help someone else in the future as the rest of the threads in the forum do.

From what I have read this is kinda how it works?

since 9/11 the Department of Homeland Security and U.S. Department
of State have strived to increase immigration-related security measures.

The U.S. Citizenship and Immigration Service (USCIS) is the component of DHS responsible for adjudicating petitions and applications seeking immigration benefits. As part of the adjudications process, USCIS uses the following security measures.

<<< Snipped. Please don't copy and past large amounts of text. Post a link to the site instead. Thank you. Moderator.>>>

This being said, I assume you are inspected upon interview at the embass against many databases, and if there is a "hit" you would become then inadmisible, and also at POE it seems check is about the same?

Re: US B2 VISA Question
 

I assume this video answers it all as well, CBP being interviewed:

http://www.youtube.com/watch?v=PeXZV-RabHM

Re: US B2 VISA Question
 

You make many assumptions.

Honest to god, I have no idea why you keep posting about something which the members here have already answered as best they can.

If she wants to be 100% safe, she shouldn't come to the US. If she wants to take the risk... she should go ahead and take it. Posting more stuff that you find online isn't going to change her situation any.

Ian