Question regarding DS-160 for H1B with arrest record


ind_ny

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I am going to consult an immigration lawyer regarding this but in the mean time just wanted to post here and get some inputs.

I am on H1B

Two years back due to an issue with a neighbor I got arrested, ten printed, and arraigned. 

Original charge for the arrest was Class B Misdemeanor (Apr 2016). I plead guilty to Disorderly Conduct and was sentenced to a Conditional discharge of 1 year + a restraining order + fine (July 2016). The records for the case are sealed in my state.

I am not clear as to what should go in the explanation field of DS-160 for the question "Have you ever been arrested or convicted of any offense or crime, even though subject of a pardon or amnesty or other similar action?"  and what should be my response to the VO when he/ she asks for details? 

Should I mention the original charge or just detail out the final disposition and conditional discharge.

In addition to this I am planning to carry the following documents

1. Final disposition

2. Original police report

3. FBI and State Rap sheet

Should I get any other documents before I travel?

Thanks

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Consulate will probably not take anything except certified final court disposition. You should carry court docs and police report at the bare minimum. No need to carry FBI rap sheet, they have it already.  In situation like these where the charge was lessened to something else, they might want to look at case transcript that helps them understand what happened at what point of case proceedings. Usually on the state court records website you will have that transcript.

Regarding DS-160 , short and specific answers work the best. I would simply state the charge you were convicted of. More details you put in DS-160 , more chances they will not go through it and will cause confusion.  Let them ask the follow up question. Simply stating : "Was convicted of disorderly conduct in month of  2018" works.  But thats me.

Regarding consular officers questions, be specific, truthful and precise. There is no one solution fits all answer. Just tell him whatever happened truthfully as clearly as you can. Let him drive the discussion. 

Another suggestion as you already mentioned would be to make sure you get all of this through an immigration attorney. Do not cheapen out. 

 

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