PAST ARREST BUT NO POLICE RECORD. PUT ON VISA APPLICATION?

[Amp11 0]

Hello. My boyfriend is applying for a US tourist visa but NOT applying for visa waiver program. It is a requirement in his country to attend an interview if his online application is approved.

 

We are now in the process of doing the online application. It asks if he has ever been arrested or convicted of a crime.

 

He has been arrested before in the past for "bodily harm". Basically he got into a fight with a guy, got arrested, but charges were dropped in lieu of monetary compensation to the victim.

 

Since it was so long ago, and since there have been no arrests since, he has been able to get his record cleared in his home country. So, yes, truth is he has been arrested, but now there is no police record.

 

So, the question is, do I answer honestly, or since there is no record, is it necessary? I always believe honesty is best but I'm worried that it will go against him in his application. If the record has been cleared is it necessary to list it?

 

Thank you in advance for your answers

[Crazy Cat 39,751]

29 minutes ago, Amp11 said:

So, the question is, do I answer honestly, or since there is no record, is it necessary? I always believe honesty is best but I'm worried that it will go against him in his application. If the record has been cleared is it necessary to list it?

 

Always answer honestly....period.  Doing otherwise can result in misrepresentation and severe consequences..Lying to immigration is just not worth the risk.

[Going through 5,668]

1 hour ago, Amp11 said:

So, the question is, do I answer honestly, or since there is no record, is it necessary?

Yes and yes.  Just because the record has been sealed/expunged that doesn't mean the event never actually happened in the first place.

The question on the application is worded quite explicitly in that it asks "have you EVER..."  not "have you ever except in cases of records being cleared"

 

1 hour ago, Amp11 said:

I always believe honesty is best but I'm worried that it will go against him in his application. If the record has been cleared is it necessary to list it?

What will "go against him" more, is if he doesn't disclose it.

 

Put it this way---the charge you described is a not a huge deal ( non immigrant visa-wise ) if he discloses it. 

 

 If he purposefully doesn't disclose it, and it's later found out by the CO?  It will become a HUGE deal then, and can result in a permanent ban from any type of visa in the future due to misrepresentation on his application.  And not because of anything to do with committing the crime itself, but just simply because he lied about ever committing it.

 

Personally, I know which one I would choose to do if I were in his shoes.

Edited May 6, 2018 by Going through

[SusieQQQ 11,585]

US immigration policies specifically say you need to disclose everything even if it has been expunged. If he lies about it now, it could come back to bite in a bad way in the future (for example if he ever wants to apply for an immigrant visa).