DS-156 question 38

[BonJ 0]

I was arrested from theft 3rd violation but the case was dismissed and I paid the fine back in 2004. Should I check the yes on question 38, "Have you ever been arrested or convicted for any offense or crim, even though sunbject of a pardon, amnesty or other similar legal action?"

If I check yes, should I get a wavier? Where should I get it? Or should I just send the copy of the police report and court complain and dismissal to the Embassy with the DS-156?

[YuAndDan 153]

You need to be honest with this, you never know what information the counselor officer has from the routine name checks, so if you answer "NO" and they catch that, they have solid grounds to deny the visa on the grounds of "Misrepresentation".

Answer correctly, "YES" and you may have to deal with a waiver, or you may not. You cannot file a waiver unless the counselor officer requests it.

[BonJ 0]

Do you mean the consulor might request a waiver after I mail in my package 3? Should I mail in a copy of the police report along with my P3?

PS. So, does it mean even the incidence was dismissed, not charged, I still need to check on yes?

Edited January 17, 2008 by Bonnie and Jason

[Jason-Sasha 1]

Arrested, charged, and convicted are 3 very different things. I dont think it would hurt to send a copy of police report, court documents, etc. with this form. They may ask you for a waiver, but at least you were honest. Best of luck!

[YuAndDan 153]

Do you mean the consulor might request a waiver after I mail in my package 3? Should I mail in a copy of the police report along with my P3?

PS. So, does it mean even the incidence was dismissed, not charged, I still need to check on yes?

They might request the waiver after they conduct the visa interview.

Also you may be interested in "A Candle for Love" that site specializes in Chinese Immigrations issues, there quite a few there that delt with HK consulate.

http://candleforlove.com