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A friend of mine got arrested one year back for a class 2 misdemeanor, photographed and fingerprinted but was released on his self cognizance. His case was nolle and later expunged. He is now applying for an H1 B visa and has to fill in DS160. What should he write on the form? He was never convicted.
3 ANSWERS
Adebola O. Asekun
Your friend was clearly arrested and hence to be truthful, he must disclose that he was arrested with respect to whether he was convicted or not, he must return to the court and request a certificate of disposition of the arrest. That certificate will say what was the final court action on this case. Once a person is arrested, almost invariably, CIS will ask the person to provide the certificate of disposition. So, he should get the COD.
Answered on Aug 23rd, 2013 at 9:14 AM
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He should always disclose that he has been arrested, but he can deny that he has been convicted of a crime if his case was dismissed. He should request a certified copy of his court disposition to submit along with his application for a visa.
Answered on Aug 22nd, 2013 at 11:18 AM
Arrested, charges dismissed.
Answered on Aug 22nd, 2013 at 10:55 AM