Form DS-156 Question 38 please help

[wildewood 0]

Hi again all

I just received my packet 3. Why its still called a packet I'm not sure as its just a letter with a case ref and some links. Anyhow I am glad to get it.

I have been struggling all day to fill in the various forms, and have come to a standstill on form DS-156 Section 38.

it reads:

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"

I have read that a yes here gets an automatic rejection of your visa application. I read this on another site that talks about that form.

I have a DUI from just over 3 years ago, I posted here before on the issue and am satisfied that it alone is not grounds for rejection.

Do I tick yes to this question even though it runs into stuff about drugs and prostitution? What does it mean about amnesty or pardon? Does it mean did you ever commit a crime that you got an amnesty for? i.e something very serious?

I am unsure on how to interpret the question. I have disclosed the DUI on another form and its on my police certificate and I have the court record. It was a simple dui, noone hurt etc etc just me having had a couple too many. I have nothing else on my record.

It seems an obvious question but does a yes in that box mean I will get rejected out of hand?

I'm going nuts with worry. Thanks

[Spoom 8]

My interpretation is that you have to answer yes. I'd write a supplement letter explaining the details.

Edit: Take a look at the Wikipedia article for moral turpitude; if your crime is not in the moral turpitude category, you can likely get a waiver.

Edited February 24, 2010 by Spoom

[TracyTN 237]

Moving from K1 forum to consulate forum.

[Eli the Barrowboy 16]

Relax ...

They seem to run questions into each other. Most likely to safe space ..... the next question asks about school attendance and refusal of admission - not exactly related.

It says a visa MAY not be issued if you answer Yes ... it doesn't say it will ... so might a No however. it doesn't say anything about automatic.

R

[wildewood 0]

Relax ...

They seem to run questions into each other. Most likely to safe space ..... the next question asks about school attendance and refusal of admission - not exactly related.

It says a visa MAY not be issued if you answer Yes ... it doesn't say it will ... so might a No however. it doesn't say anything about automatic.

R

thanks

my fears were raised by http://www.***removed***/visas/ds156.html number 38