Sunnyvale, CA asked in Immigration Law for California

Q: Citation in CA for 594(a) Vandalism Misd.(pending case). Answer for DS160 arrested or convicted question.

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime case in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending).

What should I answer for whether you were arrested or convicted in the past in the DS160 form?

Is it okay to travel for stamping if I get courts permission to travel?

Thanks in advance

God Bless

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: For the DS-160 form, you should answer truthfully to the question about being arrested or convicted. Since you were cited but not arrested or convicted, you can indicate "No" for both the arrest and conviction questions. However, you should still mention the pending case when asked about any other relevant information or legal issues.

When it comes to traveling for visa stamping, you need to get permission from the court if there are any travel restrictions associated with your case. It's important to ensure that you comply with all court orders and legal requirements before making any travel plans.

Given the complexity of your situation, consulting with an immigration attorney can provide you with personalized advice and help you navigate both your immigration and legal concerns. This will ensure that you handle the DS-160 form correctly and address any potential issues related to your H1B status and the pending case.

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