The legal case filed against you had been quashed by SC
you can get visa in future
Regarding US visa
I was facing 498a tria in India and applied for US Visa. I informed in the application regarding my pending case. My visa was denied by them due to the case. The case now has been quashed by Supreme Court. Can i get a visa in future or the earlier denial of visa will affect my US Visa
Asked 1 year ago in Civil Law
15 Answers
Yes, you can get visa. With your visa application also attach certified copy of order.
Dear Client,
The fact that your visa was denied in the past due to the 498A case will likely affect your chances of getting a visa in the future. However, the fact that the case has been quashed by the Supreme Court will be a positive factor.
The USCIS will consider a number of factors when deciding whether to grant a visa, including the nature of the criminal charges, the outcome of the case, and your ties to India. If you can demonstrate that the charges against you were false and that you have no intention of engaging in criminal activity in the US, you may be able to get a visa.
If your case has been quashed by the SC and you hold proof of the court's order, you may apply for the US visa again stating all the relevant facts and attaching proof in support.
Yes you can annex the order of SC
Even though the criminal cases against you were quashed by court of law, in ordinary law terms, quash would mean to stop and put an end to the criminal proceedings, be it at Charge sheet filed stage or FIR filed stage.
However the quash itself will not immunity or fully exempt you from the normal screening procedures followed by the US immigration authorities for grant of visa.
Visa will issue. Previous refusal does not make any difference.
- The visa cannot be denied , if the bail is granted by the court unconditionally.
- Further, as the FIR is already quashed by the Supreme Court , then no authority is there to restrict you from going abroad and denial of visa on this ground.
My visa was denied by stating " This is to inform you that you have been found ineligible for a non immigrant visa under section 214 (b) of the US Immigration and Nationality Act. A denial under section 214 (b) means the following: You were not able to demonstrate that your intended activities in the United States would be consistent with the classification of the non immigrant visa for which you applied..........You have not demonstrated that you have the ties that will compel you to return to your home country after your travel to the United States.......... ...If you choose to reapply, you should be prepared to provide information that was nto presented in your original application, or to demonstrate that your circumstances have changed since that application. The Visa Officer while returning the application verbally spoke" Technically you are on bail" Will i get a visa after showing them the certified true copy of the supreme court judgement?
Asked 1 year ago
Yes you will certainly get it
You should furnish certified copy of SC judgment
also furnish documents that you have been carrying on business in india or working in india that you have no intentions to settle down in USA
The supreme court quashing the criminal complaint is not a factor due to which your Visa was rejected.
You may understand the reasons properly and make arrangements to prove that the circumstances changed since.
You can try to get it after that.
Probably you have not informed the court of SC order. Approach the authority with SC order where SC has quashed FIR against you.
Granting a visa is absolutely at their discretion. You may support your application with the court order.
The decision to grant a visa is entirely at their discretion. You can bolster your application by providing the court order as supporting documentation.
- Since, the highest court of India has already quashed the FIR , then the visa cannot be denied only on the ground of involvement in criminal case
- Hence, you can produce the certified copy of judgment with the visa application .