Hit & Run

E

eng

New Member
Incident happened 45 days back.

I was driving a car and accidentally happened to Hit the car which is ahead of me and drove away from scene after I noticed that some confrontation is going to happen with the other car driver.
The other driver took the pics of my car plate and Next day CHP officer came to my home. Officer did not arrest me and did not finger print me. Just took pics of my DL & Insurance.
And officer asked me why did drove away? was I drunk ? I said no.
I told to officer that I got scared and panic as the other car driver was calling cops and then I drove away.
I went to CHP office next day along with my attorney and collected the collision report that is prepared by officer and officer is recommending to City attorney office that I need to be charged with 20001 (a) Hit & Run Felony.
I have been informed by officer that ambulance came to spot and took them to ER. They are claiming some chiropractic to my insurance. My car and their car is totaled and paid my Insurance already. My attorney has already got a Civil Compromise letter from the other car driver and other car driver mentioned in the letter that they do not want to pursue criminal charges on me. I am working on H1B, My father died in a road accident in my country two weeks back.
My H1B extension was in progress during above the incident and now one week back my extension is approved.
Till now I did not get any court date. I have called CHP office and been informed that officer is still investigating my case and CHP officer still not sent my case to court. My Visa stamping expired on passport. I am planning to go to India for father's death and fill the DS-160 as 'No' for the question "Have you been arrested or convicted ? " as I am not arrested and not convicted yet. I am eligible for drop box.

Questions
1) By the time I go to stamping Interview while I am in India, if an arrest warrant or court
appear notice is Issued by court and then this arrest warrant is sent to USCIS / FBI / CBP by
court ?
2) Lets say if an arrest warrant or court appearance is issued while I am in India but this arrest
warrant is not informed to USCIS but informed to only FBI / CBP, Then CBP will send me
back to home or detain me at port of entry because of this arrest warrant ?
 
Last edited:
whitemimauz3 said:
You should mark yes to arrest/charged question & provide all police charging and or court documents.
Click to expand...

Below is the question in DS-160. As of now I am not arrested, I am not finger printed and I am not convicted. Do you still want me to 'Yes' ?

Have you ever been arrested or convicted for any offense or crime , even though subject of pardon, amnesty or similar action ?
 
Agreed that you are not arrested. How are you going to explain that you are charged for felony. You have both options of disclosing and not disclosing. Now the odds of having favorable outcome in H-1B stamping are high if you disclose truthfully. Remember you are charged for a crime "hit and run" and felonies are more serious crimes than misdemeanors. So disclose that you were charged for hit and run & at later point other party choose to drop charges.
 
whitemimauz3 said:
Agreed that you are not arrested. How are you going to explain that you are charged for felony. You have both options of disclosing and not disclosing. Now the odds of having favorable outcome in H-1B stamping are high if you disclose truthfully. Remember you are charged for a crime "hit and run" and felonies are more serious crimes than misdemeanors. So disclose that you were charged for hit and run & at later point other party choose to drop charges.
Click to expand...

I am not still charged.
When investigative officer sends the collision report to court then if DA decides to file it then I will be charged.
so as of now I am not charged, arrested and convicted.
and this is the reason I am confused as to what to answer yes/no
 
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