Arrested but have a visa

Hi,

My brother holds B1/B2 US visa until 2017 and was arrested for a complaint by his servant but released on bail from court within 2 days. His detailed case has not been submitted to the court by police (as seems it was a false complaint) yet so nothing has moved ahead in the case and trial/discussion at court is yet to be started - to get this dismissed…

Now he is needed to go to the US next month for some business work (for 1 week) so does he need to present the arrest details anywhere (although nothing happened in trial or conviction and he just has bail papers)? As he is not applying for US visa until 2017, there is no place where embassy is asking on arrest I guess so it should be ok… Pls advise.

First of all, he doesnt need to disclose any of the details voluntarily anywhere without asking for them.

If any officer or application asks for any such records existence, your brother should NOT lie.

Having said that, he is fine to travel since he already had a valid visa stamped in his passport.

Thanks for your response. Yes, he would not be voluntarily disclosing the details but what he has come to know that the company through which he is traveling has asked him to fill a screening questionnaire which has a similar question (as on DS 160) even though he has a valid business visa. Now how should he tackle this situation? He has 2 options:-

  1. If he discloses, his company gets to know about the arrest details and also he doesn’t have any documentation (except the bail order from court) to show that the case is still not closed but at the same time he is not convicted.
  2. He answers NO to the question as that document is to remain within the company as a process and is not meant to be shared with the consulate…
    Pls advise as he is bit tensed here… Also let know if he should consult any one for this situation as he may be asked to travel again later this year.

Simple rule of thumb in life. NEVER LIE When you need to make a statement.

You said that he had a valid stamped visa already in his passport, thus, there is no DS 160 for USCIS. But his company is asking a fresh form to fill, its like DS 160 right?
He must mention that there was an allegation on him filed and no action on him from the court. Just mention the case number on the form. Dont submit any documentation about it (bail approval etc). If required, the company would ask for the details, then you can submit the ONLY REQUIRED documentation.