I successfully completed pretrial diversion for a Class C Misdemeanor in Kansas and charges were dismissed. I am a legal non-immigrant living in USA. I am planning on traveling to UK as tourist. I need help in answering the below question in the visa application.
"Have you ever been charged with a criminal offense for which you have not yet been tried in the court"? Since I underwent pretrial diversion, should I answer "Yes" for this question? Any help in answering the question will be greatly appreciated.
If you had a diversion for a Class C misdemeanor in Kansas then you were charged with a criminal offense and you were not tried in court. The matter was later dismissed. So the answer to the question seems to be yes.
I do think you should contact an immigration attorney to review the matter with. You do not want to leave the US and have trouble getting back in. An immigration attorney would be able to give you advice on this matter as well as review the form with you.
Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, [email protected] This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
I think the safe answer is yes. The VISA application is looking into your moral character. It is best to disclose and explain vs. denying and then trying to explain.
You were charged yes but not tried. So - thats that.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
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