I was given a ticket (citation) to appear in court for an underage in consumption of alcohol. I was not arrested, right? The officer let me go home by myself after giving me the ticket. There was no getting booked/photographed or anything like that.
I was charged with a misdemeanor and offered Pre-trial Diversion on my first day itself.
I completed it and hence no conviction and the charges were dropped.
Do I answer yes to whether "Have you ever been arrested or convicted" on visa application forms? Also, how does it affect me? Should I get it expunged?
You should get a certified copy of your docket sheet (disposition) from the court where you appeared and take that and all your immigration documents to an immigration attorney who can best advise you. I cannot advise you here on this public forum, particularly not without having the opportunity to see a certified copy of the disposition. Immigration uses a different and far stricter definition of conviction than Indiana does, that is why it is you should consult with an attorney. I can answer your final question here, though--an expungement does not make an arrest or charge disappear for immigration purposes.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
Show your documents to an experienced immigration attorney.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Dismissed charges will not have any affect on your immigration benefits.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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