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

[TracyTN 237]

Moving from K1 forum to consulate forum.

[Audy_Rob 26]

Yes, you must check the yes box. Otherwise you can receive a lifetime ban on entry to the USA if you do not answer truthfully and they find out.

Further to the point, a DUI is not a crime that would likely receive a rejection at the interview stage. Do not worry about the Amnesty or Pardon. It means you were released from jail early, your crime was forgiven or some other treatment like that.

The only way to go is to disclose all truthfully. You have no choice as it is on the Police Certificate. Even if it was not on the police certificate I would still suggest disclosing it as I believe you must always be truthful and disclose all facts.

[HeatDeath 430]

Ticking "yes" on that box is not an automatic rejection of your application, by any means. People with minor infractions on their records get approved all the time. The consular officer will review your record and discuss it with you and make the call as to whether your record matters or not, but if it's just a DUI from years ago you should be fine.

Lying about it, on the other hand, will get you a summary denial and lifetime ban for material misrepresentation - the willful lying about or concealing of information that would make a difference as to your approval. Always tell the truth, the whole truth, and nothing but the truth in response to any question you are asked. You don't need to volunteer stuff they don't ask for, but never ever attempt to lie or conceal information from them. Even if it works temporarily, that misrepresentation can pop up in a later immigration step even years later and wreck your whole life. Don't do it.

[wildewood 0]

Ticking "yes" on that box is not an automatic rejection of your application, by any means. People with minor infractions on their records get approved all the time. The consular officer will review your record and discuss it with you and make the call as to whether your record matters or not, but if it's just a DUI from years ago you should be fine.

Lying about it, on the other hand, will get you a summary denial and lifetime ban for material misrepresentation - the willful lying about or concealing of information that would make a difference as to your approval. Always tell the truth, the whole truth, and nothing but the truth in response to any question you are asked. You don't need to volunteer stuff they don't ask for, but never ever attempt to lie or conceal information from them. Even if it works temporarily, that misrepresentation can pop up in a later immigration step even years later and wreck your whole life. Don't do it.

Thanks guys.

I didnt mean for my post to be misinterpreted. I have NO intention of hiding the DUI. There are other forms in packet 3 and the DUI is explicitly declared on one of them where I am asked. I also have my police cert and court record to show. My problem was in the wording of that question. Its like you're ticking yes to prostiution and drug running. It doesnt ask "have you ever commited an offence" thats easy. It muddies the waters by saying "even though subject to amnesty or pardon" and then askes in the same sentence "have you ever traffiked, etc etc" Surely that should be two questions not one. So that ticking yes doesnt make them think you've commited something ver serious.

I intend to tick yes and enclose a letter with additional information. I was worried that ticking a yes would mean I wouldnt even get to the embassy.

[HeatDeath 430]

Thanks guys.

I didnt mean for my post to be misinterpreted.

I figured. The detailed warning about misrepresentation is more for the benefit of the anonymous hordes (Hey everybody! ) who in the weeks and months to follow will find this thread by browsing or by searching when they're researching their own processes. It's a warning that can't be repeated often enough.