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F-1 Student Being Charged with a Misdemeanor

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  • 04-19-2010, 07:56 PM
    motorola-L7
    F-1 Student Being Charged with a Misdemeanor
    Hello. A student who lives in AR with the F-1 visa has been pulled over and got caught with the quarter of marijuana which he has been arrested after that. he has to leave in a month in order not to expire his visa. His first court date is next week and after that another date will be scheduled.Can he ask the court to proceed his case faster? what are the possible sentences he can get and will it affect eligibility of renewing his visa. Should he get a immigration lawyer or should he just get a lawyer at the court where they assighn you one for free?
  • 04-21-2010, 06:18 AM
    Mr. Knowitall
    Re: F-1 Student Being Charged with a Misdemeanor
    He may be able to expedite his case, if the prosecutor and court are made aware of his expiring visa and need to leave the country. He should speak to a criminal defense lawyer in whatever state and county are involved.

    Ideally he will want to avoid a drug conviction. As we don't know the exact charge involved, consulting an immigration lawyer or a criminal defense lawyer who is familiar with immigration issues makes a lot of sense.
  • 04-28-2010, 09:02 AM
    motorola-L7
    Re: F-1 Student Being Charged with a Misdemeanor
    Thanks for your answer Mr. Knowitall. My friend had his court date today. He asked to proceed his case before May 24 th and they denied it, they said it is too early. Now they gave him the date August 25th, which he is available to come to because he will be back in US by this time. His question is since there is no charges on his record right now, the only thing on his record is arrest will he be able to renew his visa with the arrest on his record? He got a public attorney who he will meet on may 10th. he said he will ask him a same question. I honestly trust you with that so please let me know as soon as possible and will tell my friend.
    Best regards
  • 04-28-2010, 09:09 AM
    Mr. Knowitall
    Re: F-1 Student Being Charged with a Misdemeanor
    Are you stating that his visa expires prior to August 25? Or when you say "renew his visa" do you in fact mean "reenter on the same visa"?
  • 04-28-2010, 01:04 PM
    motorola-L7
    Re: F-1 Student Being Charged with a Misdemeanor
    As he explained it to me is that his visa is up to 7 years but it is a one year visa which means he has to go back every year to renew. basically they just give new one year visa. but he applied and the American embassy said this visa can be provided up for 7 years.
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