Tweet
I have an approved h1 petition for which I am filling out my visa application form. I need advice regarding the misrepresentation clause.
I have a misdemeanor arrest + pretrial diversion from 1994/1995 which I am declaring openly in the arrest clause. I am also declaring openly that my visit visa application was declined in 2008.
The issue is that when I had applied for the visit visa in 2008, I had selected "No" in the arrest clause. Reason was that I assumed that after 7 years the history gets removed, and since there was no conviction, it would be not be counted as a crime.
During the visa interview the VO asked me whether I was arrested. I initially said No (for the same reasons I stated earlier) but upon her insistence I relented and gave the details. I was not granted the visa. I asked her if the denial was due to the arrest but she pointed to a generic visa refusal document.
Now that I am filling this form for h1, how should I handle the above scenario?
Option 1: do nothing and explain if asked in the visa interview
Option 2: in the visa refusal clause I should state the situation and state the reasons I stated above
Option 3: I should tick Yes for the misrepresentation clause and explain the above
I am applying in a different city, for a different visa type and with a different passport, if that matters.
Thanks in advance.
I have a misdemeanor arrest + pretrial diversion from 1994/1995 which I am declaring openly in the arrest clause. I am also declaring openly that my visit visa application was declined in 2008.
The issue is that when I had applied for the visit visa in 2008, I had selected "No" in the arrest clause. Reason was that I assumed that after 7 years the history gets removed, and since there was no conviction, it would be not be counted as a crime.
During the visa interview the VO asked me whether I was arrested. I initially said No (for the same reasons I stated earlier) but upon her insistence I relented and gave the details. I was not granted the visa. I asked her if the denial was due to the arrest but she pointed to a generic visa refusal document.
Now that I am filling this form for h1, how should I handle the above scenario?
Option 1: do nothing and explain if asked in the visa interview
Option 2: in the visa refusal clause I should state the situation and state the reasons I stated above
Option 3: I should tick Yes for the misrepresentation clause and explain the above
I am applying in a different city, for a different visa type and with a different passport, if that matters.
Thanks in advance.
