Charged with petit larceny, ACD given, will the arrest cause problem for F1 visa renewal?

lynn-ny

New Member
I was charged with petit larceny with 2 items about $70. Since I have no criminal history and being a student, the DA give me ACD after I finished the 40Hrs community service. The case should be therefore sealed and dismissed after 6 months.
The school legal service attorney was telling me ACD means that the case and Finger Print would be sealed and it's like it never happened. But he doesn't have immigration backgruond.
I'm a international student and planned to visit my family during break. Petit larceny is considered CIMT and could result in F1 visa application denial. Some post I read said that immigration law is different and immigration official view ACD as conviction or admission to charge. So will I be rejected for F1 or re-entry at the port? Will they see the detail of case?
NY State law clearly said that ACD is not a conviction but immigration law is different so will the immigration official respect the ACD and considered me as " not convicted a crime"?
Some people said all criminal record ( including sealed one) will be forwarded from FBI to Immigration Bureau so VO would see that when they view my application, is that true?
Or they could only find my arrest record so I should come up with an appropriate explanation to avoid visa denial due to CIMT conviction?
 
In the United States, larceny is a common law crime involving theft. Under the common law, larceny is the trespassory taking (caption) and carrying away (asportation, removal) of the tangible personal property of another with the intent to deprive him or her of its possession permanently. In almost all states, it has become a statutory crime through codification.
 
Similar situation. Please Help...

I was charged with petit larceny with 2 items about $70. Since I have no criminal history and being a student, the DA give me ACD after I finished the 40Hrs community service. The case should be therefore sealed and dismissed after 6 months.
The school legal service attorney was telling me ACD means that the case and Finger Print would be sealed and it's like it never happened. But he doesn't have immigration backgruond.
I'm a international student and planned to visit my family during break. Petit larceny is considered CIMT and could result in F1 visa application denial. Some post I read said that immigration law is different and immigration official view ACD as conviction or admission to charge. So will I be rejected for F1 or re-entry at the port? Will they see the detail of case?
NY State law clearly said that ACD is not a conviction but immigration law is different so will the immigration official respect the ACD and considered me as " not convicted a crime"?
Some people said all criminal record ( including sealed one) will be forwarded from FBI to Immigration Bureau so VO would see that when they view my application, is that true?
Or they could only find my arrest record so I should come up with an appropriate explanation to avoid visa denial due to CIMT conviction?

Hello,

Can you please let me know what happened? My friend is in the same situation? Did you get the visa? Did you mention that you were arrested?

Many thanks for your help in advance.
 
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