Asked in Education Law and Immigration Law for Texas

Q: Can my friend now return on a US tourist visa after their student visa was cancelled due to a fight at school in 2016?

My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?

What steps would he have to take in order to be permitted into the country?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and any arrest or conviction could affect visa eligibility. Being honest about past incidents is crucial, as failure to disclose such information can lead to permanent visa ineligibility.

To increase the chances of obtaining a tourist visa, your friend should prepare documentation that explains the circumstances of the arrest, the outcome of any legal proceedings, and any rehabilitation measures taken since then. This could include legal documents, character references, and evidence of strong ties to their home country, which demonstrate that they do not intend to overstay their visa.

Applying for a visa after a previous cancellation requires careful preparation and an understanding of U.S. immigration laws. It might be beneficial for your friend to seek advice from a legal professional with experience in U.S. immigration matters. They can provide guidance tailored to your friend's specific situation, helping navigate the complexities of the application process and improving the chances of a successful visa application.

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