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sandipchoudhury   08 April 2020

Usa visa for arrested person

Recently I have gone to purchase grocery item in the shop in the lockdown period. Police catch me when returning from the shop. Police arrested me and lodge FIR against me under section IPC 188. In the police station, a lawyer gives me bail on that lawyer's responsibility after 30 minutes. Police have asked me to sign many documents but they did not give me any documents or FIR copy. Lawyer asked me to come to court after lockdown and take the confirmation of bail. I have all the bills and payment details for the grocery.

Within one year I am planning to go to the USA by tourist visa or by E5 visa or by business visa to establish my business in the USA

So, my question is -

  1. As I am arrested, will I not get USA visa?
  2. Do I have to declare in the form that I am arrested?


 7 Replies

sandipchoudhury   08 April 2020

Originally posted by : OM PRAKASH
For any type of US Visa, Indian police clearance certificate is must.

So, what does this means, will I not get Indian Police clearance certificate and not get USA visa?

Is it ok if I do not mention in the form that I was arrested?

advharminderdhankhar   08 April 2020

u have to just appear on the court hearing on the need to mention for ure favour...
1 Like

sandipchoudhury   08 April 2020

Originally posted by : advharminderdhankhar
u have to just appear on the court hearing on the need to mention for ure favour...

My question is, for this arrest will the USA visa will be denied to give me?

sandipchoudhury   08 April 2020

Originally posted by : OM PRAKASH
Since you aren't aware of the process of the police clearance certificate, so you will not be able to understand it. However, the simple answer is that if you do not receive the clearance certificate from the Indian police, the US Visa will not be accorded to you. On the other hand, if you play some tricks in achieving the US Visa, and get caught afterwards, then would not only be behind bar, deported from US, but banned entry for ever. BTW, US of A is not India, where someone can escape like the Tabligees and the entire India is paying the price for the crime committed by the responsible agents of the Indian Government.

Police Clearance Certificate is here -

Police Clearance Certificate ask that about Yes or No "Any criminal proceedings pending against you before any court in India?"

sandipchoudhury   08 April 2020

Originally posted by : OM PRAKASH
For any type of US Visa, Indian police clearance certificate is must.

Suppose I have got clearance certificate from Police. Now in the DS-160 Visa form, it is written that -

"Have you ever been arrested or convicted for any offence or crime, even though subject of a pardon, amnesty, or other similar action?"

Now, what should I answer - Yes or No.

Here is the sample DS-160 Form -

sandipchoudhury   08 April 2020

Originally posted by : OM PRAKASH
So, if the police answer is YES, then it is neither called 'Clearance Certificate' nor the favourable report for the US Visa.

YES means what?

joycedaniels   04 December 2023

When applying for a U.S. visa, honesty and transparency are crucial. The U.S. visa application forms, including the DS-160 for tourist or business visas, typically ask about your criminal history. It's important to answer these questions truthfully.

Regarding your specific situation, being arrested or having a criminal record does not automatically disqualify you from obtaining a U.S. visa. However, it's essential to provide accurate and complete information during the visa application process.

Here are some general points to consider:

  1. Disclosing Arrest Information:

    • Most U.S. visa applications, including the DS-160, will ask whether you have ever been arrested or convicted of a crime. You should disclose this information truthfully, including the details of the incident.
  2. Provide Supporting Documentation:

    • If you were arrested but not convicted or if the charges were dropped, you may still need to provide information about the arrest. Having documentation such as court records or a letter explaining the circumstances can be helpful.
  3. Consult with an Immigration Attorney:

    • Given the complexity of immigration matters, especially when there is a criminal history involved, it's advisable to consult with an immigration attorney. They can provide guidance on how to navigate the visa application process and handle any potential issues related to your arrest.
  4. Impact on Visa Eligibility:

    • The impact on your visa eligibility will depend on the specific circumstances of the arrest and whether you were convicted. While an arrest alone may not necessarily lead to visa denial, certain criminal convictions could have more significant consequences.
  5. Consular Officer's Discretion:

    • Consular officers have discretion in visa decisions. They consider various factors, including the nature of the offense, evidence of rehabilitation, and ties to your home country.
  6. Documentation of Innocence:

    • If you were wrongfully arrested or the charges were dropped, it's crucial to provide documentation that supports your innocence. This could include court documents or a letter from legal authorities confirming the resolution of the case.

Please not it is very important to be truthful in your visa application and seek professional advice to navigate any potential challenges. If you're unsure about how to handle your specific situation, consulting with an immigration attorney like dygreencard inc. is highly recommended.

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