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hphp95

F1 renewal with 1 arrest record, but charge dropped by DA

By hphp95 in Student & Exchange Visitor Visas

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
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1 minute ago, hphp95 said:

That's the only two documents that I have access to: My own FBI background check and the certified documents from the court clerk. Thank you for your help :)

 

I myself think the arrest is stupid and the police is crazy. 

 

I will update the information when I have the interview. I will leave the country in 8 months.

Best of luck to you 

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Coco8 Experienced

Coco8   1,042

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2 hours ago, hphp95 said:

That's the only two documents that I have access to: My own FBI background check and the certified documents from the court clerk. Thank you for your help :)

 

I myself think the arrest is stupid and the police is crazy. 

 

I will update the information when I have the interview. I will leave the country in 8 months.

 

To renew an F1 you don't have to do an interview (though check your own embassy for details, because they just changed this).

 

The problem for you is not the interview. You need to fill in a long form in which they ask you about whether you have committed any crimes and a lot of stuff like that. I found here, http://international.iupui.edu/visas/f1-students/arrest.html

that it says to answer to the question "Have you ever been arrested or convicted for any offense or crime?" with a YES if "you were ever arrested or convicted of a crime, even if the charges were dropped or you were acquitted. You will have an opportunity to provide additional details about the arrest and the outcome."

 

So basically if you go with what it says on the website, you need to say YES and then explain that charges were dropped. 

 

You might want to check with a lawyer like @Transborderwife mentioned or talk to the international student advisors at your university/college. The guy I know who got into trouble did not fill in the form correctly to renew his visa. 

 

 

Edited by Coco8
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hphp95 Rookie

hphp95   2

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Filed: F-1 Visa Country:
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Every time an alien is arrested he/she has to come for the interview for renewal. I understand that i have to answer for the arrest in the ds 160 form, and that's why I prepared the court certificate with me. Thank you guys for your response. If you have anything to add in my preparation, tell me so I can prepare. 

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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30 minutes ago, f f said:

just a point of clarification. you do not need to be convicted of a crime to become inadmissible. if at any point you admit to having done something that would be a crime they can use that to make you inadmissible.

I believe that this is where being found not guilty can be better than a dismissal 

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KierenHby Experienced

KierenHby   899

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Filed: IR-1/CR-1 Visa Timeline
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16 hours ago, hphp95 said:

 

Should I bring my certified FBI background check to the interview?

Never heard of one, what is it? 

 

16 hours ago, hphp95 said:

That's the only two documents that I have access to: My own FBI background check and the certified documents from the court clerk. Thank you for your help :)

 

I myself think the arrest is stupid and the police is crazy. 

 

I will update the information when I have the interview. I will leave the country in 8 months.

You walked into a sting operation, how is the police to blame? We all make stupid mistakes, but solicitation is a crime. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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hphp95 Rookie

hphp95   2

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Filed: F-1 Visa Country:
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Posted (edited)

Yeah, but I didn't intend to solicit a prostitute. I'm texting with no intention of soliciting, and come to the place. Anyway I will not clarify whether this is right or wrong, I just want to know if I can renew my visa.

2 hours ago, f f said:

just a point of clarification. you do not need to be convicted of a crime to become inadmissible. if at any point you admit to having done something that would be a crime they can use that to make you inadmissible.

What you say is correct for: 

- Prostitution ground (that is for someone who is believed to sell sex for goods, or pimping/procuring - not soliciting the prostitute)

- Controlled substance

- Terrorists

 

it's all in the Immigration and Nationality Act 212(a)(2)

Edited by hphp95
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KierenHby Experienced

KierenHby   899

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Filed: IR-1/CR-1 Visa Timeline
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6 minutes ago, hphp95 said:

Yeah, but I didn't intend to solicit a prostitute. I'm texting with no intention of soliciting, and come to the place. Anyway I will not clarify whether this is right or wrong, I just want to know if I can renew my visa.

What you say is correct for: 

- Prostitution ground (that is for someone who is believed to sell sex for goods, or pimping/procuring - not soliciting the prostitute)

- Controlled substance

- Terrorists

 

it's all in the Immigration and Nationality Act 212(a)(2)

CO reviewing your F1 application isn't likely to get hung up on definitions. They're review beforehand, and come up with a handful of followup queries at interview. What country embassy? 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
1 hour ago, hphp95 said: And how should I answer their questions?

Honestly

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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hphp95 Rookie

hphp95   2

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Filed: F-1 Visa Country:
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Posted (edited)
36 minutes ago, KierenHby said:

Honestly

I will tell them that I got arrested and charge dropped by DA, and no conviction, and show them the paper from the court. That is the truth. Hopefully things will get well.

Edited by hphp95
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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
2 hours ago, hphp95 said:

And how should I answer their questions?

Honestly

You are the only one privy to your facts. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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  • 10 months later...
hphp95 Rookie

hphp95   2

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Filed: F-1 Visa Country:
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Thank you guys for the nice support here. I'll post my situation here so people can take it as a reference. I went to the embassy for interview (can't renew via mail). The CO asked what is the charge(s), I told him the charges and gave the disposition paper. I didn't say anything else. After that the CO issued the visa on spot and I receive the passport in 3 days. Remember to be calm, collected and prepare your paperwork. And be HONEST about your arrest and charge(s). Best of luck for those people who need this in the future.

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