US_REV Posted August 25, 2015 Report Share Posted August 25, 2015 Hi I am eligible for applying US citizenship. I applied for citizenship and around the same time my sister in law in India filed 498a case against my brother and my family including me. I havent been in India in last 1 year. I have met my sister in law just once after marriage in my last trip and just for one day. However as things didnt go well between my brother and sister in law, she filed a case. But now, my question is do i need to tell this to USCIS during my interview. Or as this is back in India , it doesnt matter, Not sure how this case 498a imapcts the US citizenship. Does anybody has gone through this before. Please help Just to add-498a is a case for domestic violence in India. Link to comment
SoNearCitizen Posted September 22, 2015 Report Share Posted September 22, 2015 498a is not for Domestic Violence (DV). 498a is a criminal case. DV is a civil case. Under DV, wife can get maintenance every month. If she proves DV continued, then husband (or his relatives) will get 1 yr imprisonment. 498a is for cruelty against a woman (not just normal wear and tear, but bad cruelty), or dowry harassment. Since bad cruelty is hard to prove, people usually accuse of dowry harassment. Anyway, 498a has lost much of its sting now. Police cannot arrest you without counselling both parties first and after obtaining magistrate's nod. Automatic arrests are a thing of past, following SC recent Arnesh kumar judgement. My suggestion is to just hire a competent lawyer to quash the 498a and show the same in the citizenship application, along with proofs that 95% of the time 498a allegations are false (SC judgement etc.). NRIs have gone for this and successfully quashed their 498a cases. Good luck. Link to comment
US_REV Posted October 19, 2015 Author Report Share Posted October 19, 2015 Hi I just found out a NBW is issued against me in india for pending 498a . No chargesheet filed yet. Do i need to disclose this at US citizenship interview? Link to comment
Attorney_21 Posted October 20, 2015 Report Share Posted October 20, 2015 US_REV This is a very complicated issue that we've dealt with before - you should seek out a qualified immigration attorney to discuss this matter. It's not something that can be adequately addressed in the Forum. Link to comment
no498a Posted December 14, 2015 Report Share Posted December 14, 2015 US_REV, what happened to your case, i am in a similar boat, got RFE for H1B extension. i need to respond to the RFE. please let us know the status. Link to comment
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