I am currently working in the US on a H-1B visa. I am a UK citizen.
I received my original H-1B Visa in 2011.
In 2012 i visited the UK on vacation, and stupidly received a DUI.
In 2014 I renewed my H1-B visa, but on the DS-156 form I mistakenly answered 'No' to the question asking if I have ever been arrested, not considering the DUI.
I am now in the process of filing for my green card and I am at the Adjustment of Status stage. On the form I-485 there is a question:
Have you ever, in or outside the United States:
Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
My question and concern is, will answering 'Yes' to this question flag up any issues regarding the fact that this contradicts the answer that I previously selected on the DS-156 form when getting my H-1B visa, or are they completely separate forms and applications that will not be linked when processing.
My major concern is that it will flag up that the information on the DS-156 is incorrect and my current visa would be revoked and I would be banned from the US, in addition to my AOS being rejected.
Which makes me question if I should answer 'No' to the question to avoid potential conflicts, as I dont believe I have to provide a police record from the UK as part of the AOS process when taking the employment route.
Thank you in advance for any advice you are able to provide.
I received my original H-1B Visa in 2011.
In 2012 i visited the UK on vacation, and stupidly received a DUI.
In 2014 I renewed my H1-B visa, but on the DS-156 form I mistakenly answered 'No' to the question asking if I have ever been arrested, not considering the DUI.
I am now in the process of filing for my green card and I am at the Adjustment of Status stage. On the form I-485 there is a question:
Have you ever, in or outside the United States:
Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
My question and concern is, will answering 'Yes' to this question flag up any issues regarding the fact that this contradicts the answer that I previously selected on the DS-156 form when getting my H-1B visa, or are they completely separate forms and applications that will not be linked when processing.
My major concern is that it will flag up that the information on the DS-156 is incorrect and my current visa would be revoked and I would be banned from the US, in addition to my AOS being rejected.
Which makes me question if I should answer 'No' to the question to avoid potential conflicts, as I dont believe I have to provide a police record from the UK as part of the AOS process when taking the employment route.
Thank you in advance for any advice you are able to provide.