Connersville, IN asked in Criminal Law and Immigration Law for Indiana

Q: How to answer the question "Have you ever been arrested or convicted for any offense or crime" on DS-160 visa form

I received a citation for underage drinking. No handcuffs and no fingerprints. I was allowed to go home after the ticket/citation. I was offered pre-trial diversion without pleading guilt/no contest/not guilty. After fulfilling the terms, it was dismissed and nolle prosequi was filled. I know this doesn't mean a conviction under immigration law as the Diversion happened before any guilt/plea admission. I have been in and out of the country twice since then and have never been asked any question about this at POE immigration.

Now, what should I answer to this question? Does the citation mean I was arrested?

This happened in Indiana. Thank You in advance!

Related Topics:
1 Lawyer Answer
Paul Stanko
Paul Stanko
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: You were not arrested or convicted, but you were charged. To be safe, talk to an immigration lawyer before answering the question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.