Effect on F1 renewal after arrested, but charge dismissed

Upvote:2

This is an immigration question and more appropriate for another forum. What you need to do is get your discharge papers from the court and have it ready at the time you submit your visa renewal application.

As a former immigrant student with knowledge of the immigration system, I would advise if possible that you complete your studies here before leaving and having to apply for a visa renewal so you don't risk a denial and losing years of education without getting a degree.

Many H1b's (I know you're F1) have had their visas approved after solicitation convictions and/or arrests however visas are issued at the discretion of the consular officer.

Solicitation of prostitution IS a CIMT per the ninth circuit court, however ONE count of solicitation does not make you deportable. Please read the laws very well. You have only one count if convicted so you are fine, for now.

https://immigrantjustice.org/litigation/blog/rohit-v-holder

The Ninth Circuit concluded that the BIA did not err in determining that Rohit’s conviction for solicitation of prostitution constituted a conviction for a CIMT, and that because Rohit was convicted of two CIMTs, he was removable under § 1227(a)(2)(A)(ii).

Background checks take anywhere from two weeks to sometimes years, depending on several factors.

A good place to read about people's experience with immigration issues after solicitation arrests/conviction is:

http://forums.immigration.com/forums/criminal-convictions-and-act.35/

Good luck.

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