Will one arrest for Domestic Violence/Abuse stop my wife from getting a US immigrant visa?

UPDATED: Dec 15, 2013

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Will one arrest for Domestic Violence/Abuse stop my wife from getting a US immigrant visa?

We have been married for 7 years. My wife was arrested on a US Air Force Base by military police. She was never convicted or served anytime or paid any fines. The arrest is on the military records but the case was not substantiated. The violence was against me. Will this affect her visa. She will have her interview sometime in the next 2 months. The incident happened over 1 1/2 years ago.

Asked on December 15, 2013 under Immigration Law, Illinois


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If she hasn't been formally charged by a military tribunal or court then she may be okay. It will be depend on what the interviewer will ask her. If she is asked by the interviewer or asked in a form whether she has been arrested, she may have to answer yes. I would talk with an immigration attorney where you are currently stationed before you get through to the interview.

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