Mistake in the DS260 ?

#1
Hello guys,
I have a problem with an answer I gave in the DS260 that may be false.
Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? I answered 'no'. At the time I completely forgot about a situation that happened to me.
I was in a car accident and I was responsible for it since my car has run out of control, I wasn't arrested or anything but the procedure in my country is a case like this is handled by the justice department since there were injuries (minor injuries). The trial has begun long after the accident, at the time I was studying abroad so I didn't show up to the trial and I have been sentenced to two months of prison (this was for not showing up), when I heard of that I hired a lawyer and made an appeal and then I had nothing, I only paid a sum of money. I don't have the justice record so I don't really know if this means that I am convicted for involuntary injury.
What I should've answered? If I didn't already get an interview for December I would have changed it.
I don't know if I am making a big deal out of it since this doesn't appear on my police clearance, but I really like to know what should I do now?
thank you for reading and answering me.
 
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SusieQQQ

Well-Known Member
#4
I don’t think it’s stupid, I’m guessing no one here feels they know enough to give you a reliable answer. I’d suggest you tell the CO at interview.
 

Sm1smom

Super Moderator
#6
What you need to do IMO is work on getting the court disposition records in time for your interview. Then make the disclosure when you meet with the CO and request to change your response from No to Yes.
 
#8
What you need to do IMO is work on getting the court disposition records in time for your interview. Then make the disclosure when you meet with the CO and request to change your response from No to Yes.
If I did I am afraid he will put me on AP or something because he hadn't the information soon enough Is this possible? Would it better if I emailed the embassy to request the change on DS 260?
Could they get the information by other means ? This information does not appear on my police clearance
 

SusieQQQ

Well-Known Member
#9
If I did I am afraid he will put me on AP or something because he hadn't the information soon enough Is this possible? Would it better if I emailed the embassy to request the change on DS 260?
Could they get the information by other means ? This information does not appear on my police clearance
Let me tell you what you DON’T want: to be applying for naturalization one day and be told actually you should never have got the green card in the first place because you never declared this, and getting it revoked and you deported. The instructions are clear that even if not on a police record (for example expunged crimes) they must be declared. I didn’t know what paperwork you needed (hence my initial reluctance to answer) so go with mom’s suggestion, or, ask at interview. Yes there is probably a decent chance you’ll be put on AP and delayed,but it’s better than getting everything revoked later for material misrepresentation and/or fraudulent immigration application.

By the way it’s quite possible that this has already come to their notice via the background check, which does not only depend on what you present. I’ve heard of similar happening. You do need to declare it.
 
#10
Let me tell you what you DON’T want: to be applying for naturalization one day and be told actually you should never have got the green card in the first place because you never declared this, and getting it revoked and you deported. The instructions are clear that even if not on a police record (for example expunged crimes) they must be declared. I didn’t know what paperwork you needed (hence my initial reluctance to answer) so go with mom’s suggestion, or, ask at interview. Yes there is probably a decent chance you’ll be put on AP and delayed,but it’s better than getting everything revoked later for material misrepresentation and/or fraudulent immigration application.

By the way it’s quite possible that this has already come to their notice via the background check, which does not only depend on what you present. I’ve heard of similar happening. You do need to declare it.
Thank you susie, should I go with the email or let this for the interview ?
 

SusieQQQ

Well-Known Member
#11
Thank you susie, should I go with the email or let this for the interview ?
You can email, and that might look better from a “disclosure” perspective, but at this point I don’t think it will really affect the timeline much. What they need to see is the relevant documents.
 
#12
I can try to get the document and send it to them, my interview is still a month away. This is what I am going to do. Thank you very much for your help
 

SusieQQQ

Well-Known Member
#13
I can try to get the document and send it to them, my interview is still a month away. This is what I am going to do. Thank you very much for your help
There is no point sending them the document, they wouldn’t normally have it before the interview anyway.
 

Sm1smom

Super Moderator
#14
Again, all I think you need to do at this point is do whatever you can to get the court records. When you meet with the CO, let him/her know you wish to change your response and be sure to present the court disposition papers when you present the rest of your documents.
 
#15
Again, all I think you need to do at this point is do whatever you can to get the court records. When you meet with the CO, let him/her know you wish to change your response and be sure to present the court disposition papers when you present the rest of your documents.
Thank you very much sm1smom
 
#16
Again, all I think you need to do at this point is do whatever you can to get the court records. When you meet with the CO, let him/her know you wish to change your response and be sure to present the court disposition papers when you present the rest of your documents.
Thank you very much sm1smom, I am going to do it. Do you think I can be denied because of this ?
 
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