Arrested Exchange Visitor. Steps to Follow

1. Gather all the details from whoever has informed the OC (HC/Agency/Another Exchange visitor, etc) 

Questions to ask: 

• When did the event take place? 
• Who was involved? 
• What happened? 
• Was exchange visitor taken to the police station/jail? 
• Is there a report number or contact information for arresting officer? 
• Where is the exchange visitor now? 

2. Notify your immediate supervisor and include Zhanna and support@allianceabroad.com on the email.  

3. Contact local police department to determine the following, after explaining that ASI is the designated sponsor for the exchange visitor and responsible for his/her welfare while in the U.S.: 

• Is there a police report?  If yes, what is the police report number? 
• Can you fax or e-mail us a copy of the report for our records? 
• Please gather name and contact info for the arresting officer 
• Is exchange visitor in jail, or has he/she been released? 
• What were the charges? 
• What was the bail amount? 
• Has the court date been set? 
• Is there contact information for the court office or point of contact? 

If exchange visitor has been released 

1. Contact Exchange visitor to obtain information about the incident.   

2. Is exchange visitor, OK? Where is he/she currently staying (Please get the address)? 

3. Has exchange visitor contacted his/her family? 

4. Confirm with your immediate supervisor next course of action: 

1. Update HC of the incident and determine whether exchange visitor still has a placement at the HC (this is something you’ll need to discuss with your supervisor first.   

1. If exchange visitor arrested for serious offense such as assault, theft, etc.- DEPARTMENT OF STATE VISA SPONSOR will be discussing shortening program 

2. If exchange visitor is arrested for under aged drinking or less serious offense and HC is aware of the incident and is OK to continue employing exchange visitor, exchange visitor may continue on with the program after a serious warning.  

2. Update Agency 

3. Complete the incident report to submit to the Department of State.  DOS must be notified within 24 hours of us learning of the arrest.  

If exchange visitor is still in jail 

1. Find out what jail exchange visitor is in (address, phone number) 

2. Contact jail and confirm that exchange visitor is still there/provide contact details and confirm that DEPARTMENT OF STATE VISA SPONSOR is the sponsor and trying to help the situation 

3. Find out if DEPARTMENT OF STATE VISA SPONSOR or family can call and speak with the exchange visitor? If not, does exchange visitors have access to a phone? Can s/he be informed that DEPARTMENT OF STATE VISA SPONSOR needs to speak with him/her and given our 24-hr hr phone number? If you are in the immediate area, please make arrangements to visit exchange visitor in jail.  

4. Find out if bail was set and what’s the amount 

5. Determine whether a court date was set 

6. Find out if a public defender has been assigned. If yes, collect contact information 

7. Confirm with your immediate supervisor next course of action: 

1. Update HC 

2. Update Agency 

3. Notify the Embassy in the US 

4. Complete and incident report to submit to the Department of State.  DOS must be notified within 24 hours of us learning of the arrest.  

8. Moving forward, you will need to keep in touch with the public defender to get updates on exchange visitor’s case, so you can forward information to your immediate supervisor.  That information will be used to update the agency and DOS.  

Other notes: 

• When needed, we can have our legal counsel get involved to speak with assigned lawyer if necessary. 

• Best case scenario for most cases is to see that exchange visitor is released from jail. We also want to try to negotiate with the police/courts, ensuring the exchange visitor returns home and leaves the U.S., in exchange for charges being dropped.  It is very difficult for an exchange visitor who is not working to remain in the U.S. for the usual 4- 6 week return date requested for court without a salary or way to support himself/herself and often can exceed the program length.   

• In past cases, the State Department has taken an “innocent until proven guilty” stance on such matters, so it is always important to try to speak to the student and truly get his/her side of the story.  Unfortunately, there are cases where students are being asked to perform an illegal act by third parties or individuals against their will, etc.   

• Determination of whether or not a exchange visitor’s program is terminated or simply shortened in SEVIS is based on an internal review of all facts surrounding the case, including the severity of the crime or alleged crime for which the exchange visitor was arrested, the feedback from the host company and/or officer, the police report, our own evaluation of communication with the exchange visitor.