How should I answer this question "Have you ever been arrested or convicted for any offense or crime?" In my DS 160 form?
I got convicted for DUI in New Jersey. Luckily, in the state of New Jersey it's a traffic violation not a crime or felony or misdemeanor. I also consulted an attorney and he adviced me that this record will not go to CCH database, and it remains with DMV on my driver abstract. Considering this scenario, please advice me how should I answer this question in my DS 160 non immigrant Visa application when I go for visa stamping at the consulate.
3 attorney answers
You need to speak to an immigration attorney. You are correct. In NJ DWI is not criminal. You were not fingerprinted. The case was not entered on the CCH. It is not a crime and not a criminal offense. But it is an offense. A motor vehicle offense. Most groups consider it a major motor vehicle offense. And you were arrested. So the question is can you duck the answer because they do not say what type of offense they mean. My guess is no. I believe 2 DWI can get you deported and my guess is two from Jersey is as bad as two from NY. Speak to an immigration attorney to know for sure what to do.
YOu have been arrested. DWI is an offense. If you have a non-immigrant visa, you may not be re-admitted after a DWI conviction. YOu should talk to an immigration lawyer before departing.