Semr (None) 15 September 2014

False 498a

Hi,

My wife has filed a IPC 498A(Dowry Harassment case), 354(Outrage modesty of woman), 323(Voluntarily Causing Hurt) & 506(Criminal Intimidation) false cases against me in this year in India because of which i was arrested and sent to judicial custody based on accusations and not on trial.

In the meantime, i got my H1B petition approved for the first time in my life. i have travelled to USA previously on B1 visa.

In DS-160, there is a question " Have you ever been arrested or convicted for any crime, even though subject of a pardon, amnesty ?

What should be the ideal answer for this question because chargesheet is yet to be filed

and trial is yet to start.

Any other suggestions, please let me know.

Thanks

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3 Replies

LoneFighter (IT) 15 September 2014

Hi Semr,

Better answer it truthfully. but you have right to remain silent when questioned by US officials in US. Right to remain silent comes under 5th amendment of US constitution. You could say, you are proceeding legally and you are innocent. You dont have to give too much info about case details, but regarding arrest, its better to be truthful.

Dr J C Vashista (Advocate) 15 September 2014

Well advised by Lonefighter. do not conceal the fat and disclose the truth.

T. Kalaiselvan, Advocate (Advocate) 21 September 2014

Even if you manage to get the desired objective in your favor by suppressing the fact material to the issuance of such facility, in the later stage when it is found, you may have to face the additional legal consequences, so better be honest now itself, come what may.

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