Ds160 background

[Piaoliang2008 3]

Hi... I am the beneficiary. I had a criminal case filed against me in 2005 but was later dismissed and i am abt to secure a copy of the court order on the dismissal of said case as i wasnt given one(i was abroad). They issued me warrant but wasnt arrested because i was abroad that time.

My question is: in the form where asked have u ever been charge, arrested or convicted blahblah....should i cliked YES or no?

In the ds 160 the question is just abt being convicted and arrested...

I appreciate any input or any link similar to my case..

[Hank_ 9,174]

The question doesn't ask if you have been charged does it? Thought it read: "Have you even been arrested or convicted for any offense or crime....? " If it doesn't ask if you were charged (and you were not convicted) then -

Rule #1: Answer ALL questions honestly.

[Piaoliang2008 3]

Thank u hank's... Yes i was jst worried if clicked NO since the question only asked abt convicted or arrested... So if i was issued a warrant of arrest but wasnt actually arrested means NO is the best answer?

[Bill and Vicky 25]

If a warrant was issued for your arrest, you need to answer that question YES. You have all of your paperwork, and you will provide copies and explain yourself if/when you get to see an interview officer. You'd much rather be open and honest about everything.

What was the crime? It makes a difference.

Regards,

Bill

[Greenbaum 12,259]

Piaoliang2008, on 18 Jul 2014 - 9:49 PM, said:

Hi... I am the beneficiary. I had a criminal case filed against me in 2005 but was later dismissed. I am about to secure a copy of the court order on the dismissal of said case as I wasn't given one (I was abroad at the time). They issued a warrant but I wasn't arrested because at that time I was abroad .

My question is: in the form it asked have you ever been charged, arrested or convicted blahblah....should I click YES or NO?

In the ds 160 the question is just about being convicted and arrested...

I appreciate any input or any link similar to my case..

Always answer truthfully.

Now having said that yes you should indicate that you were charged but latter dismissed. If your NBI comes back with "no criminal record" and you pass your interview, they will more than likely ask that the NBI will answer the 221(g) asking for more information on the "No Criminal Record". You will have to visit the NBI and present your official court documents that substantiates the dismissal. NBI will enter this into your NBI record and forward the information on to USEM at which time the document will be reviewed and your visa will be issued if the CO is satisfied with the explanation from NBI. Takes about 2-4 weeks depending on how soon you can get to NBI Manila. BTW you can try to get your record updated before you attend but from our personal experience it never happened until the USEM requested the explanation.

When answering the DS-160 you will answer honestly which, from what you have said, you were neither arrested nor charged. So answer "NO".

[Piaoliang2008 3]

Yes, i will answer truthfully and honestly.... I am

Just really confused because before being CHARGED is included in the question and now it is jst convicted and arrested... So if i answer NO and they will later find it questionable i am just afraid they would think i am being dishonest...i was able to secure nbi clearances with no criminal record but had to wait for 2 weeks to get it coz of a "HIT" ... U see even if the case was dismissed they don't clear that from their record... The court order copy states there that a copy was forwarded to nbi manila.... The case was something about intriguing honor...

[Hank_ 9,174]

Thank u hank's... Yes i was jst worried if clicked NO since the question only asked abt convicted or arrested... So if i was issued a warrant of arrest but wasnt actually arrested means NO is the best answer?

I don't know about that, a warrant was issued for your arrest, they just couldn't find you, then everything was cleared up so that when you returned there was no arrest warrant anymore. Sort of a gray area.

[Piaoliang2008 3]

When answering the DS-160 you will answer honestly which, from what you have said, you were neither arrested nor charged. So answer "NO".

Greenbaum: i was charged, but case was dismissed...i was issued a warrant of arrest but wasnt physically around that time as i was abroad... Should that be a YEs to neing arrested?

[Piaoliang2008 3]

I don't know about that, a warrant was issued for your arrest, they just couldn't find you, then everything was cleared up so that when you returned there was no arrest warrant anymore. Sort of a gray area.

Hank: i was abroad or out of the country when the warrant was issued,they later filed motion to revive and dissmiss said case and it was ordered dismissed that eventually make the warrant cancelled or recalled

[Hank_ 9,174]

Look at the question bluntly: Were you arrested? Did you get tossed in the pokey?

[Piaoliang2008 3]

Look at the question bluntly: Were you arrested? Did you get tossed in the pokey?

Hank_: sorry if i may be sounding redundant, its just what i am really confuse of...i was issued warrant of arrest but wasnt arrested at all coz i was away... I understand it will make a difference when i was physically around when the warrant was served... I just dont want them to use this against me later on if i said NO... But i have papers of the court order so i guess i am good to go with that... Thanks for your patience!

[Jedi2155 0]

I would argue for saying YES.

Explain your situation, your crime, and show proof that the case was dismissed. Remember, they are checking for honesty. Its better to be more honest and upfront about your history even if it does not matter. Than to say something else, then be proven wrong by another problem. This is general life advice IMO.

Others here would know more as to the details of how it affects the actual approval process.

[Piaoliang2008 3]

I would argue for saying YES.

Explain your situation, your crime, and show proof that the case was dismissed. Remember, they are checking for honesty. Its better to be more honest and upfront about your history even if it does not matter. Than to say something else, then be proven wrong by another problem. This is general life advice IMO.

Others here would know more as to the details of how it affects the actual approval process.

***** thank u jedi2155!

Yes of course i would disclose everything as i dnt see any point of denying it.my only concern is if the question was just about being CONVICTED or ARrESTED... Then i said NO and later they find out i was ChARGED and i am afraid they'll take it against me... Thanks again!

[Hank_ 9,174]

If you feel you should answer YES then do so. Do remember this "event" will very likely show up on the NBI, which will require an Explanation Letter from NBI later. I would also suggest you bring a copy of your court records of dismissal.

Like said before it is because of logistics that you were not arrested, the warrant did exist.

[Piaoliang2008 3]

Thanks hank_....

I will remember that.

Thanks hank_....

I will remember that.