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  • Possible omission of past conviction

    Hi,

    I am new here and will have plenty of questions as I am preparing to apply for an IR-1 visa (spouse). But for now one concern is most pressing and I am starting to get paranoid over it.

    Years ago, I got arrested for drunk riding a bicycle (I swear this is real). Under the law of my home country this is prosecuted as a regular DUI. However, as a first time offender, I wasn't brought before the court. I got an admonishment, assorted with a court ordered 1 day prevention program. After a 3 years probation I was rehabilitated and my criminal records were cleared, not yet my arrest record though.

    Now here is my problem : I traveled multiple times to the US and back, including once on a nonimmigrant visa. When filing the DS-160 for the latter, I don't know if I disclosed that conviction as I should have. I just CANNOT remember.

    I have legitimate doubt about that. My mindset back then was very anxious, the whole process of coordinating the trip and applying for a visa was harrowing, I had close to no idea of what I was doing, and I was still on probation. In addition I was in grad school, traveling for research purposes on grant funds that I had to account for, under a lot of pressure and with little guidance... So yeah, I was probably afraid anything unforeseen would wreak havoc on my plans, and could very well have just buried my head in the sand.

    On the other hand, this would be out of character from me. Because I am anxious, I rather play it safe. I am not being nonchalant regarding the rules of the country I visit. And I usually stack my brain with information on every insignificant detail so I knew that conviction wasn't likely to get me denied. But delayed maybe ?

    I legitimately don't know what I did. All I know was that my visa got approved and I don't recall it being brought up during the interview.

    I tried to retrieve my DS-160 as I still have my application ID, but it didn't match any result in the database, probably because it has been several years since I filed it.

    Now I have to answer that same criminal background question again and as I understand it, will definitely get checked. I don't know what probability there is that I get flagged for that idiotic bicycle DUI, but obviously the stake is huge. My concern is that I might be guilty of misrepresentation, and how to deal with it if it is so.

    I don't even know what my question is. I will be assisted by an attorney anyhow. I would just take any thoughts, advice, word of similar experience, try to see a bit clearer in my head.

  • #2
    You should speak with a reputable and experienced immigration lawyer. That is the best advice I can give you in this situation.

    Aside from that, be honest. No matter what happened in the past, it will only hurt you more if you are dishonest now. It seems the only option you have is to disclose your arrest on your new application.
    2/20: Received at Chicago lockbox
    4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
    4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
    4/19: Request to expedite EAD
    5/11: Received EAD
    6/26: Applied for Advance Parole
    8/09: Advance Parole approved
    8/29: Scheduled for Interview
    10/11: Interview
    10/12: RFE on I-130 (misplaced G28)
    10/16: Sent new G28
    10/19: Approved!

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