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  1. #1
    Join Date
    May 2013
    Posts
    2

    Default How Will an Arrest Record and Pending Criminal Charge Affect Visa Renewal

    Hi there,

    First of all, thank you for your time.

    I am international student on an F1 visa. Last August, with a lot of coincidences, I have been charged with a 3rd degree felony - False Imprisonment, it was a rough night. The case is still pending at federal court, charged, but not indicted. I am an outstanding student according to the testimony of my adviser and my supervisor, also I have no criminal history. It is a total misunderstanding, but I guess I really should be cautious next time if someone wants to set me up...

    DA think what I did is not a 3rd degree felony crime, but somehow, he felt I did something wrong, although he couldn't tell what is wrong, which is understandable, cause at least I am arrested by police. That's why he doesn't want to dismiss the case right now. He is considering to dismiss my case right before I get graduated.

    Being alone here, I am really having a tough time. Now I am thinking to go back home for couple months, probably spending some quality time with my family will help me get over it. I will continue my research oversea, get my F1 visa renewed and come back US for graduation.

    I have two questions here:

    1. Can I get my visa renewed, when I plan to come back, if the case is still pending?
    2. What if I wait until the case is dismissed, can I get my F1 visa renewed at that time?

    I do appreciate your time!!!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will Arrested Record and Pending 3rd Degree Felony Charge Affect My F1 Visa Renew

    Federal charges .... I hope you have found the funds to hire a criminal defense and immigration attorneys.

    What makes you think the case will be dismissed? You still need to report ARRESTS to immigration when asked. Employment applications also inquire about criminal histories and many employers do credit and criminal background checks before making an offer.

    Leaving before final disposition of the case is not a good idea. Failing to appear for court generally results in an arrest warrant. If it is indeed finalized as a felony, you are very unlikely to be permitted to return to the US. You may be spending time in prison. You are likely to be deported after serving your sentence. In addition, if things go better than expected and you remain in the US, your job opportunities are limited as employers do not like convicted felons and certainly are unlikely to take a chance on a foreign national especially if the charge involves actions against another person. You really need to plan your future outside the US with this arrest on your record.

    Many criminals could be described as good students; that does not speak to your character. Do not count on their opinions on this having much effect in a matter such as this.

    After the Boston bombing, expect little compassion for wrong doings while on a non-immigrant visa.

  3. #3
    Join Date
    May 2013
    Posts
    2

    Default Re: Will Arrested Record and Pending 3rd Degree Felony Charge Affect My F1 Visa Renew

    Do you have any related knowledge or experience about these 2 questions I asked? If you do that will be really helpful.

    Thank you for your response!

    Quote Quoting T53147
    View Post
    Federal charges .... I hope you have found the funds to hire a criminal defense and immigration attorneys.

    What makes you think the case will be dismissed? You still need to report ARRESTS to immigration when asked. Employment applications also inquire about criminal histories and many employers do credit and criminal background checks before making an offer.

    Leaving before final disposition of the case is not a good idea. Failing to appear for court generally results in an arrest warrant. If it is indeed finalized as a felony, you are very unlikely to be permitted to return to the US. You may be spending time in prison. You are likely to be deported after serving your sentence. In addition, if things go better than expected and you remain in the US, your job opportunities are limited as employers do not like convicted felons and certainly are unlikely to take a chance on a foreign national especially if the charge involves actions against another person. You really need to plan your future outside the US with this arrest on your record.

    Many criminals could be described as good students; that does not speak to your character. Do not count on their opinions on this having much effect in a matter such as this.

    After the Boston bombing, expect little compassion for wrong doings while on a non-immigrant visa.

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