Will Arrested Record and Pending 3rd Degree Felony Charge Affect My F1 Visa Renewal?

Ethan2013

New Member
Hi there,

First of all, thank you for your time.

I am international student on an F1 visa. 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!!!
 
Last edited by a moderator:
You cannot renew your visa if the case in pending.
If the case is dismissed , you may get your visa renewed by producing the documents stating that your case has been dismissed.


Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice.

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!!!
 
Thank you so much for your advice. Do you know anyone has the same situation and get the visa renewed? Thanks~

Another question here, will the immigration bureau let me out? will they hold me before I leave US.

You cannot renew your visa if the case in pending.
If the case is dismissed , you may get your visa renewed by producing the documents stating that your case has been dismissed.


Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice.
 
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