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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 118269
Experience:  Immigration Law Expert
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EMPLOYEE TRAVELING TO INDIA AS A TOURIST; need feedback on

Customer Question

EMPLOYEE TRAVELING TO INDIA AS A TOURIST; need feedback on the following question... Reference Additional Particulars: 13. Has the applicant ever been convicted of any criminal offense: or is currently facing criminal charges in any court of law? If YES, specify details.
Employee was given deferred adjudication for credit card abuse in the State of Texas in 1995 at age 19 and later charged with offense in 2005 at age 29 due to probation violation. The circumstance brings up two answer options;
1) NO, address later if flagged but end up with VAF issues stamped on PP; or,
2) Should this be disclosed in the India Tourist Visa Particulars? If YES, how best to approach to disclosure.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You say you had a deferred adjudication and subsequently 10 years later a probation violation, was the probation violation for the same 10 year old deferred adjudication?
Was the deferred adjudication subsequently dismissed? You need to know that before you can properly answer the form.
Customer: replied 1 year ago.
Thanks for your response.Employee was given deferred adjudication for credit card abuse in the State of Texas in 1995 at age 19 and later charged with the 'credit card abuse' offense in 2005 at age 29 due to probation violation.Deferred adjudication was revoked due to the probation violation and employee was charged with the credit card abuse offense in county court, in the state of texas
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification.
Since the deferred adjudication was revoked because of the probation violation, you have to answer YES to the question if you have ever been convicted. If you say no, they will seek to deny your visa for failure to be truthful on the application.
You need to explain it was a "youthful offense" that happened more than 20 years ago and since the probation violation you have never been in trouble since. You need to explain briefly the circumstances about the offense and why there was a probation violation. The applicant for a visa signs the application that the information is true, so if you do not include it then they see that as being untruthful and grounds to deny the visa not for the conviction, but for the untruthfulness.
Customer: replied 1 year ago.
Law Educator, Esq - thank you so much for your feedback... I am the Employee. Shall I address the letter to the CG or Mission? (Consulate General of India, Mr. Parvathaneni Harish, Consul General or Consulate General of India, Houston Mission) Please see attach and advise if this is what you meaning by responding with a letter to explain circumstance and situation. I don't know if its too personal or not but kinda hard no to divulge under the circumstances. I want them to know about my character in taking full accountability and remorse for my actions; and turning a negative into a positive. Your feedback is greatly appreciated and welcomed. ATB, Timothy
Customer: replied 1 year ago.
Sorry had minor text revision but am open to your suggestions. Thanks again
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to attach it to your visa application and address it "To whom it may concern" because it ultimately goes to ministry of immigration.
The letter is perfect, it actually addresses everything necessary to explain the situation and show that it was a one time offense.
Customer: replied 1 year ago.
Law Educator thanks for your prompt response... lol... After mulling over this the last 24hrs digressing back to being 18 & reflecting on my changes... Just spoke w/our Visa Consultant who handles our international visa applications ~ I disclosed the situation and circumstance and she said 'no' that's not needed/ don't worry about it that's not needed it was 21 yrs ago they won't care...
Customer: replied 1 year ago.
Granted, I always prefer taking the formal approach to address a situation but to her credit and level of experience and expertise on dealing w/the consulate matters I personally would prefer not to disclose such details if not necessary... Although to your advisement, better to get approved over disclosing a conviction rather than denied over not being truthful
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Whether they care or not, the visa consultant is not going to take the hit for you for not being truthful on the application. The application says, "Have you ever been convicted?" and you cannot legally say you cannot and you are taking a HUGE risk in not mentioning it legally. I cannot tell you to ignore the law as an attorney, if your visa consultant is an attorney and wants to risk their license over this, that is up to them.