Should criminal records be declared for tourist visa?

[Destiny Child 4]

Hello

My cousin is applying for tourist visa from India. He has ongoing court case in India for beating bus driver on road.

I would like to know should this be declared while applying for tourist visa? If yes, what are the chances of approval.

Thanks for your suggestion / guidance.

Thanks

[hir0 49]

I know we shouldn't judge one an other but wow, just wow.. !!!! .____.

To answer your question: if he gets asked or there is a question about it he has to tell the truth.

I think it depends on many factors wether he gets the visa ir not. But the case still being ongoing can he even leave the country?

[Caryh 5,206]

This is kind of the area where it would really take an attorney to advise him. Normally they're looking for convictions, I'm not sure how outstanding charges are viewed. But its possible a conviction could be considered a crime of moral turpitude, which would likely stop him from getting a visa if the assault is considered serious enough under the following definitions. I'm also wondering why his country would allow him to leave with outstanding charges. My thoughts also lean to outstanding charges is a good reason to think he has no intentions of returning after the visit.

9 FAM 40.21(a) N2.2 Defining “Moral Turpitude”

(CT:VISA-1506; 09-07-2010)

Statutory definitions of crimes in the United States consist of various elements,

which must be met before a conviction can be supported. Some of these elements

have been determined in judicial or administrative decisions to involve moral

turpitude. A conviction for a statutory offense will involve moral turpitude if one

or more of the elements of that offense have been determined to involve moral

turpitude. The most common elements involving moral turpitude are:

(1) Fraud;

(2) Larceny; and

(3) Intent to harm persons or things.

9 FAM 40.21(a) N2.3-3 Crimes Committed Against Person,

Family Relationship, and Sexual Morality

(3) Assault (this crime is broken down into several categories, which involve

moral turpitude):

(a) Assault with intent to kill;

(b) Assault with intent to commit rape;

© Assault with intent to commit robbery;

(d) Assault with intent to commit serious bodily harm; and

(e) Assault with a dangerous or deadly weapon (some weapons may be

found to be lethal as a matter of law, while others may or may not be

found factually to be such, depending upon all the circumstances in

the case. Such circumstances may include, but are not limited to, the

size of the weapon, the manner of its use, and the nature and extent

of injuries inflicted.)

Edited October 20, 2014 by Caryh

[Boiler 43,434]

B2 application asks about criminal history.

[jan22 2,898]

The question was about whether he should declare this on the visa application -- the answer is, obviously, a big YES. The application asks if you have ever been arrested or convicted, so he must be honest and say yes. Whether it will make him ineligible for the visa is a determination by the interviewing officer.

[Jawaree 717]

One of the first questions have you ever been arrested, when,

on what charges if answer is yes, you have to be honest they

scan these application B4 interview. Some go thru for a minute

lying ,but it comes back to bite them.

An on-going case and a charge of assault must be dealt with and

vacated before applying for a visa (consulate will think clearly

immigrant intent) running from pending case, also assault falls

under moral turpitude...it'll be denied, wait until after case ends.

no one takes a vacation while awaiting trial