We went to the US on a tourist visa back in 1989 and I in particular overtayed for 5 years and went back to the Philippines on my own accord in 1994 before turning 18. I am aware that there shouldn't be any bar for me from re-entry but this possible hitch. About a month before flying back to my home country I was arrested for hanging out with a few friends who were gang members, we were rounded up due to the gangs involvement in a shootout that night. To make the story short I was eventually let go since the cops were convinced that I was not a gang member and had nothing to do with the gang related event that transpired.

My question is, will this affect my visa application? I am planning to travel with my wife next year, given the circumstances will this be a cause for concern for the immigration officer?

  • Were you charged? Or released without any charges? – Hanky Panky Sep 10 '17 at 15:09
  • We cannot predict if it will be affected. Please ask a practical question instead, such as "how can I improve my chances of getting a visa" – JonathanReez Sep 10 '17 at 16:40
  • No charges as I was released shortly after. I'm wondering if the consul would have any record of this when they pull up my name? – Patrick Starfish Sep 10 '17 at 18:51
  • Are you sure you were actually formally arrested, told "you are under arrest", read your rights, taken downtown, pockets emptied, inventoried and put in a bag, photo taken, etc.? Did this crime for which you were never charged happen while you were under 18? – Harper - Reinstate Monica Sep 10 '17 at 21:45
  • so basically you overstayed your visa for 5 years. That's a far more serious crime than being detained for questioning over a potential link between your friends and a criminal organisation. Whether it's known to border agents and comes up when processing your visa application is anybody's guess. – jwenting Sep 11 '17 at 11:07