US Citizenship and 498a
- Thread starter krishna498
- Start date
If your political opponent files a criminal charge against you and wins the case then it cannot be called a 'political offense'. I have stated before that you must prove persecution by govt. for political reasons. Either way if a charge is filed against you, it MUST be indicated in the N400.query11 said:
Krishna,krishna498 said:
Here are your answers
15. Have you ever committed a crime or offense for which you were not arrested? NO
17. Have you ever been charged with committing any crime or offense? YES
18. Have you ever been convicted of a crime or offense? NO
Don't worry you will be OK, try to work out an agreement with your wife.
4
498a
Guest
498A and US Citizenship
Hello,
My wife has filed a complaint in India per 498A against me last year. I am currently eligible to apply for my citizenship and want to know what to do?
So, any help will be greatly appreciated.
Thanks!
Hello,
My wife has filed a complaint in India per 498A against me last year. I am currently eligible to apply for my citizenship and want to know what to do?
So, any help will be greatly appreciated.
Thanks!
You want advice on how to get rid of your wife or on how to apply for citizenship?
sanjoseaug20
Registered Users (C)
There are lots of families (20%-30%) who may not go for dowry, but the above statement can not be true.
Al Southner
Registered Users (C)
If you are being prosecuted in India for failure to pay the dowry, why is that an issue which should be disclosed to the USCIS? This isn't an issue which will be picked-up by FBI, because you were never arrested I assume.
You don't have to disclose this issue.
Al Southner
Registered Users (C)
San,
The questioner is refusing to pay the dowry? Is that what this case boils down to? I am not familiar with the dowry system...
Theoretically an applicant is supposed to disclose all criminal charges or convictions, regardless if they occurred in US or not, or if they can be picked up by FBI or not.
Personally I wouldn't bother disclosing it as it will only confuse USCIS.
Last edited by a moderator:
BostonCool
Registered Users (C)
My personal advice is too wait and see how to get your case dismissed
Technically Indian embassy can put a hold on your Indian passport
you can even get banned from entering India in the future if you get your US citizenship - most probably US is going to delay your decision if they come to know that is even more painful
4
498a
Guest
Hi Bostoncool,
I hear that even if I wait until the case is dismissed I will still have to disclose this when I apply for citizenship then. So, the question is if I have to disclose it anyway then does it matter if I apply now or later?
Is there anyone who has applied for citizenship under these conditions and got it?
I hear that even if I wait until the case is dismissed I will still have to disclose this when I apply for citizenship then. So, the question is if I have to disclose it anyway then does it matter if I apply now or later?
Is there anyone who has applied for citizenship under these conditions and got it?
sanjoseaug20
Registered Users (C)
San,
The questioner is refusing to pay the dowry? Is that what this case boils down to? I am not familiar with the dowry system...
Here's a quick overview. In India, it is still a very patriarchal society. Caveats - #1 - times have changed in many places. #2 - it is not same from state to state #3 - it is not same from community to community and religion to religion. This IS a very broad generalization. With that caveat out of the way ... [ Also, in the following - girl and boy are used as generics for women/bride and men/groom ]
So boys are preferred over girls. Many marriages are decided by parents. The girl goes to live with the boy (and the parents in many cases). As part of the marriage, the girl's parents are expected to provide gifts to the boy's side. Sometimes, it is the girl's or her family's decision on what to give. But in many situations, it is the boys parents who decide how much they need to marry their son - it could be money, gold, car, house or whatever. There have been numerous cases in which the girl has been harassed / killed because her parents did not provide enough.
The society has changed quite a bit, but I think there are still some segments which indulge in this practice called the dowry.
Now the government wants to fix this, so they setup some laws to provide protections to the girls. So a girl can go to the cops and say the boy and his parents threatened me, and make life hell for them.
Of course, now this system can be abused also. You got married. Somehow it did not work out. Divorce is a messy affair, or you are just unscrupulous, or you know the cops better than the boy's side. You file 498a, get out of the marriage, and get the boy's side stuck with criminal complaint for quite some time. Or you just extract some money.
This is what the OP is alleging. Since I am responding to Al, I am taking no position on OP's case. It could be that the OP asked for dowry, and the girl's side just went and complained. Or it could be that the girl's side sought to extract money / get out of a wrongly arranged marriage like this.
So, no the OP is not refusing to pay dowry. However, OP's wife/ex-wife has alleged that the OP has asked for dowry to proceed with the marriage.
BostonCool
Registered Users (C)
say "YES" and Case dismissed
say "Yes" even if the case is not dismissed (this will definitely delay your N-400) especially if Indian court put a hold
I just did Google and found many similar references related to your case (again each case is different)
I 'am sorry for your situation truth is you got to disclose to avoid any present and future issues if any
This brings up an interesting question: Since the US does not have an equivalent to the 498a and the Indian penal code considers it a criminal conviction, should it still be disclosed as a criminal issue for naturalization purposes?
IMO, disclosing such issues just opens a can of worms since USCIS has no set process on how to handle foreign charges that have no US equivalent.
IMO, disclosing such issues just opens a can of worms since USCIS has no set process on how to handle foreign charges that have no US equivalent.
Al Southner
Registered Users (C)
Bob,
I agree, this is not an issue which people should disclose to USCIS. If the wife files a complaint, it is a complaint and nothing to the point of being a detainment or conviction. Diclosing this to USCIS should be discretionary by forum members who are Indians and are subject to its jurisdiction. I will err on the side of non-disclosure because USCIS is incapable fo verifying this information, which means the burden is going to fall on the applicant who will be in the US, if certain documentation requires in person appearance at the Justice Ministry (generic) in India, flight expenses and possible arrest if a warrant was issued.
For all my Indian friends, just let your conscious be a guide on this issue. Remember this simple fact, disclosing this information to USCIS might open a can of worms which your stomach might be able to accomodate their consumption. Unless you have all paperwork relating to this issue, I would focus on issues which happened in the US and leave the criminal complaints from anywhere in the world at home. However, I am not Indian and probably know less about it..
If my wife's file a complaints in Israel against me, won't be telling USCIS, if it is just that, but if I am arrested in Jerusalem, then I am going to tell...Al Southner
Registered Users (C)
San,
Fantastic summary and I am now an expert on this issue. I appreciate the time and effort to educate me about this centuries old custom. When are you going to work to change it? Since you are an American, running for Congress on this platform could really make you a change agent...
sanjoseaug20
Registered Users (C)
I will err on the side of non-disclosure because USCIS is incapable fo verifying this information, which means the burden is going to fall on the applicant who will be in the US, if certain documentation requires in person appearance at the Justice Ministry (generic) in India, flight expenses and possible arrest if a warrant was issued.
Flight expenses and possible arrest is only half of it. Someone told me you can do anything in India [ just need the right amount of connections or greasing of palms ]. It could get complicated pretty soon - with both sides having "genuine" documents [ who spent what buying dowry, affidavits taken under oath, supporting witnesses for both sides, multiple countering police reports ] to support their story - it all depends. I think when presented with such documents, CIS will neither be able to deny, nor able to approve, just pull their hair apart.
Again - this is not a commentary on the current OP.
sanjoseaug20
Registered Users (C)
San,
Fantastic summary and I am now an expert on this issue. I appreciate the time and effort to educate me about this centuries old custom. When are you going to work to change it? Since you are an American, running for Congress on this platform could really make you a change agent...
So you want me to wheel and deal? I can [ sometimes ] write, but I can't talk to save my life...
I was about to get into this position 8 months ago, when I went to get married in India. My family did a rookha (sort of a promise ring) for me with a girl in India. It was not an engagement and not a marriage, sort of a promise that we would proceed further with the family. When I came back from my rookha that night, something didn’t feel right. I cancelled the rookha that very next day in the morning. I did not want to get engaged with that girl and be part of that family. I only knew the girl for a maximum of 2 hours. I did not even accept anything as part of the rookha, no gifts nor any money, but instead we gave the girl a gold chain and a dump load of sweets. She calls me the next day and says she will file a case against me and it would be such a case where I could not even leave India. I was so nervous because my citizenship was coming up soon that I just left the stuff with her and never called her back to ask for it back. Now, I don’t know if she ever filed any case against me. She doesn’t have my house address or a phone number. No information at all. But this still worries me so much that I wonder if the IO would know about it and I don’t. I left India two weeks later from that incident.
Should I be concerned? I have talked to a lawyer and he said that this is nothing to be concerned about. If there were a case, you would get a letter in the mail. Is that true?
Please help me put my worries to rest. Sleepless nightmares for the past 8 months have haunted me.
Should I be concerned? I have talked to a lawyer and he said that this is nothing to be concerned about. If there were a case, you would get a letter in the mail. Is that true?
Please help me put my worries to rest. Sleepless nightmares for the past 8 months have haunted me.