I am a software engineer, my wife filled a false 498A case against me, From my company I got an offer to go to USA on work visa H1-B, but when applying for VISA there a field in DS160 form where I have to mark whether is there any criminal cases pending against you. I have to mark that column as yes. What the complication I may have to face? Will it a good idea to for visa stamping now? What should I do? Any suggestion is appreciated if someone can suggest me how to handle this situation.
If there is criminal case pending against you hen your application for visa may be rejected
2) apply for and obtain Anticipatory bail from sessions court
3) if court imposed any conditions for travel abroad obtain court permission to travel abroad for work purposes
If any FIR is filed you take ABA from court to secure you form arrest
If complaint filed by wife is only at complaint stage and no FIR registered then there is no issue 8n getting VISA but since you have admitted pendency of case then details if complaint can be sought by embassy and even your visa too can be denied. Whether complaint filed by wife is false or not is a matter of trial. If required consult with detail.
Your wife has given a complaint and the police have registered a FIR for the offences under section 498a?
If that is the case you cannot suppress this information in your application for visa to USA.
You have to mention the fact and the details of the pending criminal case in the application voluntarily becasue if you suppress them at this stage and found to be involved in the background verification, your application is likely to be rejected, or if you manage to somehow get into USA, on getting the information you may be deported as well.
Don't take risk
What if I quashed the FIR? Then its fine right? After divorce, Planning to quash it, do you think it is doable? I mean after divorce, can it be a ground to go for quashing?
Just s divorce decree cannot be a ground for quash of FIR.
That is different case to that of the divorce case, however if she agrees to express her no objection on a sworn statement before the high court in person, then the high court may consider quashing the FIR.
if HC quashes FIR then it wont be reflected in your records
2) merely because divorce is granted does not mean 498 A case should be quashed
Dear Client,
The DS-160 form for a U.S. visa application requires you to provide accurate and truthful information. If there is a pending criminal case against you, you are obligated to disclose it on the form, as you've mentioned. Request you to provide the evidences of the case along with the proofs to substantiate your stand is right.
Impact on Visa Application:
The fact that you have a pending 498A case could potentially impact your visa application. The U.S. authorities might scrutinize your application more closely due to the pending case.
However, the mere fact of having a pending case might not automatically result in a visa denial. Each case is considered on its individual merits.
Visa Approval Probability:
The approval of your visa application will depend on various factors, including the specific details of your case, the evidence you provide, the discretion of the consular officer, and the U.S. immigration laws.
- Since, the said criminal case is pending before the court , then you can be denied visa stamping
- Further, if you have already got anticipatory bail from the session court unconditionally or even appearing before the court , then it cannot be denied.
- However, you can move an application before the court for getting permission to go abroad for work
- If the FIR quashed , then the visa stamping cannot be denied on any ground , and you will not considered as an accused
- Divorce is not a ground for quash the FIR , and hence if you having sufficient proofs against the complaint of your wife , then you can approach the High court for quashing the FIR .
Submitting false information ha repercussion. Mere pendency of FIR does not preclude to obtain VISA.
File quash petition as well not.
It is only court who can order for quashing of FIR so you cannot quash FIR. After divorce if your wife agree and cooperate then court may order for quashing of FIR.
Yes all fine if it’s quashed