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Charged and convicted of 12500(a) VC infraction. I'm on H-1B visa. Do I need to mention this in DS-160?

Monterey Park, CA |

Hi,
I was charged and convicted of 12500(a) VC infraction,unlicensed driver, in California. It's a wobbler in California. I was NOT arrested. I was NOT finger printed. I'm on H-1B visa and I'm planning to attend visa interview abroad in a month. Do I need to mention this in my DS-160 form? The form asks

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

What do I say to above question. My record is clean otherwise.
I did livescan DoJ check in CA which came clean. I obtained court document which clearly lines out the charge and conviction as infraction. I'm worried if saying "Yes" to this question will delay my visa processing.

Attorney Answers 4


  1. You need to answer all inquiries truthfully and bring certified documentation to your visa interview. Please consult with an immigration attorney for additional information.


  2. You'll want to bring certified court disposition docs to your interview, and answer all questions truthfully on forms and in person. Touch base with an immigration attorney.

    Serving Clients in All 50 States -- Khurgel Immigration Law Firm -- Attorney Khurgel is a Former USCIS and Department of State Embassy Officer. Address: 4199 Campus Drive, Suite 550 Irvine, CA 92612. Email: info@khurgel.com Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.


  3. Definitely. Be truthful and you need t discuss that with your counsel of record further.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  4. You state that you have a conviction so you should answer yes to the question and bring a certified copy to the interview.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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