• USA embassy forged documents

i am btech graduate holding a job in IT, last year in august i have applied for us b1 visa. as i had 2 year experience so i used fake experience letter of 3 years and rest are genuine, embassy interrogated and booked me under section 420,468 and 120b. i did a big mistake i agree for that till now chargesheet has not filed as the agent from whom i took the letter is absconding. i would like to know what will happen with me in this case i am really tensed please reply and what should i do get away from this problem
Asked 8 years ago in Criminal Law
Religion: Muslim

7 answers received in 1 day.

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12 Answers

1) you have to face the consequences of your actions

2) it is a serious offence to use fake experience letter

3) an offence of cheating , fabrication of documents is made out

4) apply for and obtain Anticvpatory bail and contest case on merits

5) wait for filing of charge sheet

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

criminal trial would take around 10 years to be disposed of

2) you would be convicted of offence under section 420, 468 , 120 B of IPC

3) burden of proof is upon prosecution to prove that experience letter is fake

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

fight the case on merit now and take help of a criminal advocate and try to get an acquittal order.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1.Using a forged document is a grave offence.

2.Now since FIR is registered apply for bail as you can be arrested without taking bail.

3.After registration of charge sheet the trial will commence and you will have to defend yourself.

4.Engage a good criminal lawyer to defend yourself.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The U.S. visa is a document, obtained at a U.S. Embassy or Consulate, granting a foreign traveler permission to apply for admission into the United States at a port of entry. It is not a guarantee of entry into the United States.

First throne out of your fear and face the trial if any action taking by the embassy against you. Please do understand you did a grave offence and charged under 420 and 462 IPC. If you get an information for taking a case against you , then approach the high court for anticipatory bail.

The result of fraud findings is that such individuals are never be allowed to enter the U.S. he is losing the chance of any future U.S. immigration options, whether short or long term.The consequences for making such a misrepresentation are draconian: a lifetime bar from the United State is the main punishment

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

You have to pressurize the police to file the charge sheet before court for beginning of trial.

Alternately you can file a petition undersection 482 before high court seeking quash the FIR since the charge sheet has not been filed years after registering FIR, hence it is a false case in which you have been implicated unnecessarily.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

please provide me information regarding this i am really tensed what will be the outcome of the case

You may approach high court with a quash petition seeking to quash the FIR as it is based on false information and allegation moreover the charge sheet had not been filed for over two years because the police are unable to proceed since it is a false case based on some irrelevant stories shrouded in the complaint.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. The forgery has been committed by you but the title of your query suggests that it has been done by US Embassy. Be careful while writing.

2. You committed the act of forgery. So now face the trial to prove your innocence. If you are held guilty then you may suffer imprisonment for up to 7 years,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The clean chit can only be in the form of acquittal which requires the trial to be conducted. Under no circumstances the HC will quash the case if there is overwhelming documentary evidence to suggest that you have prima facie committed the offence. Face the trial.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

wait for police investigations to be completed and charge sheet filed

2) then only apply for quashing in HC

3)quashing is to be done only in exceptional circumstances

4) US embassy would not with draw the case

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If the high court is allowing the quash petition and quashes the FIR, then there is no case against you, the lower court will discharge you from the pending case, thus you will be relieved from the case.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

How can get a clean chit?

After the trail if the court acquitted then you can get the clean chit.In your case normally the high court does not interfere the matter, the court will ask you to face the trial.The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

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