FreefallingRobot
New Member
I have my IR1 interview in a few days and am beginning to worry.
On the DS-260 form there is a questions that asks if you've ever been arrested or convicted of a crime. I clicked 'NO"
I have neither been arrested nor convicted of a crime but I was investigated in my home country. These "charges" were dismissed prior to a trial, nothing ever came of them and I'm considered innocent.
According to the USCIS policy manual:
A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:
I have read in a few places that I should have brought this up in my DS-260 anyways. Is this correct? Should I have brought up something that didn't end in arrest or conviction and never ended up in my records?
I feel like the only way I could have disclosed this was if I had clicked "Yes" on the question of convictions or arrests and explained in the box below but I feel as though clicking "Yes" would have been a lie since there wasn't any conviction or arrest.
Did I mess up by not mentioning this? Does really all criminal history have to be mentioned?
I made the decision to choose "no" after long talks with my husband and much research. We were sure this was the right choice, now some lawyer blogs saying everything has to be disclosed, even Nolle Prose, are making me a little worried
On the DS-260 form there is a questions that asks if you've ever been arrested or convicted of a crime. I clicked 'NO"
I have neither been arrested nor convicted of a crime but I was investigated in my home country. These "charges" were dismissed prior to a trial, nothing ever came of them and I'm considered innocent.
According to the USCIS policy manual:
A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:
- A judge or jury has found the person guilty or the person entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt; and
- The judge has ordered some form of punishment, penalty, or imposed a restraint on the person’s liberty.
I have read in a few places that I should have brought this up in my DS-260 anyways. Is this correct? Should I have brought up something that didn't end in arrest or conviction and never ended up in my records?
I feel like the only way I could have disclosed this was if I had clicked "Yes" on the question of convictions or arrests and explained in the box below but I feel as though clicking "Yes" would have been a lie since there wasn't any conviction or arrest.
Did I mess up by not mentioning this? Does really all criminal history have to be mentioned?
I made the decision to choose "no" after long talks with my husband and much research. We were sure this was the right choice, now some lawyer blogs saying everything has to be disclosed, even Nolle Prose, are making me a little worried