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What should I do to fix the mistakes on the DS-260 form regarding my criminal background?

My EB-5 interview is coming up soon. I mistakenly answered NO to the question "Have you ever been arrested or convicted for any offense or crime" on DS-260. I have been arrested for domestic violence but the charge was dropped and the case was dismissed. There is no way to correct the DS-260 once it is submitted. Can I disclose this mistake to the consular officer during the interview? What documents should I bring to the interview?

Answers

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You should be prepared to disclose to the officer at the interview. Did you provide the charging or court documents to National Visa Center as required? If so, the officer will then have them. If not, you should be prepared to offer all documents at the interview. Depending on your post and the recency of the event in question, your case may be placed as Admin Processing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to ask to reopen the form. A domestic violence arrest is a serious issue and even though you were not convicted, note a conviction is not necessary in immigration law. You are advised to ensure that you adequately explain the incident otherwise you may experience some problems.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Yes, you can mention this right at the beginning, but be prepared with a lot of documents and a lot of follow up questions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you can disclose at the interview and be sure to bring arresting documents as well as evidence that no charges were filed or they were dismissed by the judge as applicable.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You definitely should correct the DS-260 at the beginning of the interview. You should bring an original or certified copy of the court record showing that the charge was dropped. And you should also be prepared to explain why you answered the way you did on the DS-260.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Take a certified final disposition of the charge to the interview. At the beginning of the interview tell the officer that you have made a mistake and wish to change "no" to "yes" on a specific page and item number.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can inform them about your situation at the interview.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes you can. You have to bring a court certified copy of the dismissal to your interview.