QUESTION
Do I have to acknowledge arrest in DS 160 after I was arrested but the case was dismissed and expunged and what are its effects?
Asked on Oct 11th, 2013 on Immigration - Texas
More details to this question:
I was arrested in Indiana for shoplifting more than a year ago. Finger prints were taken. The case was later dismissed citing 'no offense was in fact committed' and 'no probable cause'. The case was later expunged. I received my finger prints that were taken during the arrest. I then applied for my H1B while in United States and got the petition approved. I am now planning to go to India to get my H1B visa stamp. While filing immigration DS 160 I was asked a question- Have you even been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? If I answer yes, how will it affect my visa chances? What can I do to make my case strong?
2 ANSWERS
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Yes, you must disclose the arrest. Even if the case was eventually dismissed, the answer is still yes because the question also asks about arrests. Make sure you put in an explanation that the case was dismissed because 'no offense was in fact committed' and 'no probable cause' was found. Obtain certified copies of court records and court clearance to present to the consular officer during interview.
Answered on Oct 15th, 2013 at 1:00 PM
You should answer yes to having been arrested. Take certified copies of all records showing the disposition of the case. It should not affect obtaining the visa. Also be prepared to show that you maintained whatever status you were on at the time of the arrest.
Answered on Oct 15th, 2013 at 8:40 AM