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Many of these can be defended if you are innocent, but for all practical purposes you are guilty until proven innocent and the burden of proof is on you. The USCIS and embassy personal will also investigate you at their convenience and look for any thing that looks suspicious or fraudulent. Something many people don’t take into consideration is that the US Foreign Service exams are very tough, these are not dumb people, and they are very well trained.
Some of the issues that they focus on are drug crimes, prostitution, any crimes that were committed multiple times and anyone that has used immunity to avoid prosecution When you are applying for admission you will at some point in time be interviewed and most likely be asked questions that relate to these reasons to be barred entry. Always remember that if you lie to a USCIS, embassy or counselor officer this too can be used to bar entry, so it really is in your best interest if you have something in your past that might even remotely allow you to be associated with any of these issues that you talk to a immigration lawyer or immigration specialist before hand. For example Lets say that you are a female and worked in or owned a legitimate massage parlor in certain Asian countries: the assumption will be that you were involved in prostitution knowing that this is the case and having prepared in advance compelling evidence to the contrary, and having it with you at the interview can go along way towards getting the immigration visa on the first try. Prostitution or trafficking for prostitution even if was legal where you came from can be a bar and you don’t need to be convicted of prostitution to be barred! There is a provision however that will still allow you to get a immigration visa if you were forced into prostitution, then you have a defensible position; for this one it would be a good idea to get a immigration lawyer to work with you with the various US agencies that deal with immigration issues. When you are preparing your first application it cannot be stated enough times that your best chance to get a immigration or visitor visa is on the first attempts, as all attempts afterwards will most likely be very finely scrutinized. Drug trafficking whether you were ever charged or not is a major reason to be deigned entry. All they need is a reasonable suspicion and you will not get in unless you get a good immigration lawyer and prove that the reasons or information that they based there assumptions on were wrong. Perhaps you were falsely accused for business or political purposes to smear your name, this would be something to be prepared for in advance. If you were a common drug user and had a conviction this could also be a bar to you gaining an entry visa to the USA. Even if it was “just pot” it could be a no go for you to the US. If you were convicted on multiple offenses and did served serious time in jail this could be a bar to an immigration visa even if they were all stemming from one ongoing criminal enterprise. Other issues from your past are any relating to questions of morale turpitude or if you used Immunity to avoid prosecution after committing a serious crime that resulted in injury. This was created for general reference only. It is not intended as legal advice and should not be acted on as such. There are many factors taken into consideration when processing immigration visas, legal assistance from an licensed lawyer or attorney or a consultation with an immigration consultant experienced and competent in the immigration process is advised. Article Source: Fred Tittle, EzineArticles.com
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