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vivekmehta   21 July 2016

498a & usa business visa

After 498a case, I got AB. Had to submit passport but right now got it back after filing an application that my company wants me to travel to USA for a few days. 


Now while applying for visa, I could not find any section where I can inform them about the 498a case and that I have court's permission to travel. One section says "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" But I cannot say YES here as there has been no arrets and Chargesheet has just been filed and case has not started and there is no conviction. 


Not sure what should I do in this case. Kindly guide.


 9 Replies

Mukesh sharma (job )     21 July 2016

Hi vivek iam not unable to understand your mention ( AB ) mean ? what is this plz share full form 

and where your case now in court or in police investigation right now if your case in court and court set date for hearing than you need to got permission from court.......

in other case you got help from some family lawyer who attend your case behind you 


vivekmehta   21 July 2016

Hi, by AB I meant Anticipatory Bail. 

Case Status: Police has filed Chargesheet, however case has not begun as I have not yet received any notice of chargesheet being filed. 

I got permission of court to travel to USA and I got the passport for the travel. Its just during visa I cannot see any section where I can inform USA Embassy on the pending 498a. Hence seeking guidance on what to do in this case. . 

Mukesh sharma (job )     21 July 2016

Hi vivek if you got permission from court than their no problem you visit usa and no need to mention their other you counsult with local lawyer who handel your case in your absence 

thnsks for clear 

Kumar Doab (FIN)     21 July 2016

You have got anticipatory bail and permission from court to travel.

It is felt that in clause also it can be mentioned.

However check with your own lawyer and passport office and your company.


If there is no where asked if you have been charged, why mention it to the US consulate. Just check no to the question if you were arrested or convicted. That's it. If they didn't ask you, I'm not sure why you are having the urge to tell them.

Vibha   22 July 2016

  1. No need to tell US Consulate about your case unless they ask you during interview. If they ask be concise, truthful and clear in answer. Keep all your court papers with you.
  2. Visa interview questions usually involve nature of your job and reason to travel to US.  Any questions about ongoing matrimonial disputes is very very unlikely. 

P. Venu (Advocate)     22 July 2016

Furnish truthful information as sought; but there is no need to volunteer additional information not sought.

Shekhar (Proprietor)     22 July 2016

What is the question? Have you ever been arrested or convicted? Answer is a big NO. Be precise & to the point. No extra words, no extra information please.

srk (Service)     25 July 2016

i agree with Mr.Shekhar, as per the 498a case, the answer to that question in DS160 form is  'NO'. 

you were not arrested and you were never convicted so you shouldnt worry about it.



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