Upvote:4
Would such a person be required to answer "yes"
Well,
Have you ever been arrested
Yes, you have been arrested, there are no ways around it. The fact that a prosecutor didn't take action on your case didn't rewrite the facts.
From the US embassy in the UK :
If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa.
They will therefore have no record of the arrest on:
The Personal data VCU01 form, that you are required to fill if you say Yes to that question in the DS160 states
Section Two: Fill in this section if the police certificate from the Association of Chief Police Officers (ACPO) states "No Trace" or "No Live Trace" or does not list, in full, your arrests/cautions/convictions.
This is obviously your case here, and then you will need to fill
Section Six: Fill in this section if you have ever answered "YES" to any of eligibility questions on the visa application form DS-160 that have not been fully explained in Sections Two to Five. Please review the information you have provided for accuracy
with all the details
You must answer Yes to the DS160 question and explain your case in the VCU01 form