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Misdemeanor Arrest and Renewal of F1 Student Visa

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  • 08-01-2014, 01:47 PM
    nal29
    Misdemeanor Arrest and Renewal of F1 Student Visa
    Hi,
    I was arrested for a misdemeanor theft charge (shoplifting) in 2013. I was fingerprinted, and I had to go to court. I hired an attorney, who advised me to plead not guilty. Before I hired a lawyer I got a letter from loss and prevention telling me that I had to pay a $150 fine. When I told my attorney about the letter and that I had already paid it, she told me that I was not required to pay that fine. Hence, I didn't have to pay and more fees and I wasn't required to do any community service. I did have to take a responsible thinking class, well, just a part of it because I only had to sit in for one class, and all charges were dropped and the case was dismissed. She further advised me to have the arrest expunged from my record and I did.

    I am an international student on an F1 Visa which is about to expire in a few months. I really want to go back to my country and have my visa renewed in order to avoid anymore possible violations. However, I am a bit scared that I will be denied a new visa because of the arrest (even though it was expunged). I was told that I can stay and finish my studies o an expired visa once my I-20 is still valid, however, I want to follow all the rules in order to avoid any complications. Can someone please advice? What are my chances of getting my visa renewed?
  • 08-01-2014, 05:30 PM
    T53147
    Re: Misdemeanor Arrest and Renewal of F1 Student Visa
    Expungement does not matter for immigration. You must admit to the arrest and carry all documents regarding the disposition of the case with you for visa interviews.

    You may be denied a visa for many reasons; the arrest is less likely to be an issue than immigrant intent. You need not get a visa stamping as long as you have a valid I-94 and are maintaining your student status; your I-94 date is likely D/S. I suggest that unless you have a need to return home which requires you to get a visa stamping to reenter that you save your travel money and work on your studies in the US instead.
  • 08-03-2014, 03:11 PM
    nal29
    Re: Misdemeanor Arrest and Renewal of F1 Student Visa
    Hi, thanks a lot for your advice I really appreciate it :-) I do have one quick question though, I really miss home and I was planning to visit for christmas this year, my I-20 is valid until 2017, is immigrant intent still an issue?
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