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  1. #1
    Join Date
    Dec 2017
    Posts
    3

    Exclamation Entering the U.S. on a F1 Visa After a Dismissed Theft Charge

    Hi Experts,

    I am a grad student on a F1 visa. In 2013, when I was a undergraduate student, I was defrauded by a gypsy taxi driver (unregistered Lincoln town car with no Medallion). For a $40 maximum cab ride, the driver was trying to charge me $130. I called the cops to remedy the dispute but instead they "brought me to the precinct to help me". I only realized that it was an arrest when I got finger printed in the precinct -- the cops never announced that it was an arrest, no miranda rights or handcuffs. In the same year after a few court appearance, my case was dismissed and the judge commented that "it was the most expensive ride in NYC I have ever seen".

    I had to stay for the court and my visa expired in 2013. Since then I remained in the states with legal F1 status. Now I have one semester of graduate school left and a job offer. I really want to travel back to my home country this winter. I have consulted with two immigration lawyers. They all told me that they do not see any issues with me getting another visa. But this is a very hard decision to make and I would love to hear your takes.

    Do you think I have a chance of getting a visa and come back? Or should I stay until I get H1-b sponsorship going in 2018?

    Much appreciated,
    B

  2. #2
    Join Date
    Sep 2010
    Posts
    16,929

    Default Re: F1 with a Dismissed "Theft of Service" and Needs to Travel

    The dismissed charge shouldn't be an issue. However, I'd avoid telling anybody at CIS that you intend to spin your non-immigrant visa into an ongoing adjustment to dual intent.

  3. #3
    Join Date
    Dec 2017
    Posts
    3

    Default Re: F1 with a Dismissed "Theft of Service" and Needs to Travel

    Hi flyingron,

    Thank you so much for your insight. I really appreciate it. I'll take your heads-up by heart. If you are so inclined, could you offer your thoughts on this: I am now working on an internship at a bank (will extend permanent offer as soon as I graduate) with my CPT hours. One of the immigration attorneys advised me to bring a pay stub with me to the visa interview to show that I have an internship. Shall I avoid mentioning the pending offer and internship altogether and just stick to the fact that I just want an visa so I can return and finish my degree?

    I value your input very much and I wish you all the best. I'll post my outcome here. And advice for people reading this in the future: do not call cops if you can call campus security, and certainly do not take gypsy cab ever.

    Very best,
    B

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    95,374

    Default Re: F1 with a Dismissed "Theft of Service" and Needs to Travel

    I would get a copy of the order of dismissal from your court case and keep it among your personal documents when you travel -- don't volunteer it, don't mention it, but if any questions come up at a port of entry about the arrest you'll have it available to demonstrate outright dismissal.

  5. #5
    Join Date
    Dec 2017
    Posts
    3

    Default Re: F1 with a Dismissed "Theft of Service" and Needs to Travel

    Hi Mr. Knowitall,

    Thank you! I will sure do. I will keep my disposition in my chest pocket going forward. But I will indicate my arrest in DS-160 immigration form and be very frankly with the visa officer. I also have my call record (I called the cops myself) and a taxi fare comparison I made which compressed all the taxi fare quote, from NYC Taxi and Limo Commission to Uber, you name it.

    I get that being a guest in this great nation is an honor and I should do my part to be 100% compliant and be beneficial to the community. I hope that this honest incident (from my part, I tried to resort to authority for remedy) will not deprive me of my pursuit. But at the end of the day, if the visa officer thinks that I am not welcomed as a guest any longer, I will keep my head up and wish all the best to this nation who nurtured me and expanded my horizon.

    Very best,
    B

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