DS 160 Security and Background check section

[ml80]

Hi Friends,

I am on H1B in USA for few years.

I am planning for Visitor Visa for my parents and I have very specific question related to security and background check question in DS 160.

In Security and Background check the question is under criminal information.

Quest: Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar actions?

My father was arrested in India for property issue with one tenant (my father is the owner of the property.) Tenant was having some political links and wanted to grab the property using power and without giving much money. Tenant filed a case against my father (my afther actually did not do anything) and then he was arrested for the same on section 506(2). He was later declared not-guilty and the case was closed. The case was closed in 1999.

1. What should he write for above question? If he needs to write YES then what are the chances of rejection of VISA or will he be the victim of this?

2. If this is an issue then, will there be any effect on my mother's VISA, can she get it?

3. It happened 11 to 12 years ago, does this timeline help my parents? What should he answer to above in this case?

Please let me know what I should do if you can or let me know if I need to consult to any immigration lawyer in India, Gujarat with some contact info if possible.

Appreciate your time and help.

Thanks

[smohanty]

1. He should give the truthful answer which is YES. He should carry the relevant case papers especially the official/legal papers that clearly declare him innocent and the case closed.

2. No, it should not affect your mother's application.

3. Can't tell about the timeline.
If asked he should provide a truthful summary of the case (including some information on the section he was arrested under and how long the process lasted and for how long he was arrested) and emphasize that he was declared innocent by the court.

[ml80]

Hi Smohanty,

Thanks a lot for your reply.

Please let me know if you can...

1. The papers of the case are in regional language. What should we do in this case? What paper we should get in English to support our case? Though my parents will take all the regional language papers with them too.

2. Do we need to hire any immigration lawyer in India, Gujarat for this or what you have specified will be enough for the process?

Thanks