listing arrest on the DS230

[Kathryn41 3,205]

It is indeed a violation of the Terms of Service for Visa Journey to advocate misrepresentation or lying to any officials involved in the immigration process. Just because you won't 'get caught' does not make it right. Regardless of what the police records show, the OP's fiance has to answer the question truthfully when it asks if he has ever been charged, arrested, etc. Advising him not to disclose this information is a violation of TOS for VJ.

The police and criminal history questions actually get a lot more explicit as you go further through the immigration process. The questions providing even less 'wriggle room', will be asked again at the Adjustment of Status level, at the Removal of Conditions level and at the Citizenship level. Prepare now that this information needs to be disclosed, and disclose it.

The OP's fiance should make arrangements now to obtain copies of any police or court or jail documents that show the charge and the fact that he has served his time. He will need to provide additional 'original copies' at the AOS, ROC and citizenship level as well.

Having a incident on your record will not necessarily lead to a denial of immigration benefits or any other problem during the process - but misrepresentation will lead to a lifetime ban from ever entering the US - and if it is discovered after the individual has arrived in the US and received immigration benefits right up to and including citizenship, those benefits can be stripped and the individual deported. Now, is it really worth it? Absolutely not.

I see William33 has also advised of the TOS violation.

Edited October 20, 2009 by Kathryn41