Arrested for Domestic Battery, Discharged. How could it affect renewal of F1 visa?

[aoringo]

Hi! 

I am a F1 Chinese student on my 4th year of PhD in California. In early April this year, I had a fight with my girlfriend and our neighbor called the police due to the noise. Later the police came and arrested me for domestic battery because my girlfriend admitted that I pushed her once during our fight. Later the case was discharged by the DA. (On the No Complaint Notice it said that my case was discharged, but this does not mean the charge is dismissed, the court has one year to file a complaint against me.) Also, after the case was discharged, I had a sealing company to seal my arrest record. 

 

Right now I am planning to visit my family in China in early 2015. Since my F1 visa is expired I have to renew it in China. I know that when I fill out the DS160 application form, I have to answer "yes" to the question that whether I have been arrested before.

 

Here my questions are:

1) will my arrest record potentially make the immigration officer deny my f1 visa renewal? 

2) What time is safer for me to travel to China? After my case is sealed? or after one year of the discharge date, which is the time limit that the court could file my charge? 

3) If my case could be sealed successfully, which means the court approves my factual innocence, will that increase the chance that the immigration officer would approve my f1 renewal? 

4) what kind of supporting materials I could prepare to increase my chance of getting my f1 renewal approved?

 

A lot of thanks! 

[jairichi]

1. You will be questioned for sure about that. Answer truthfully.

2. No such safe time exists for you.

3. Whatever you do all records will be available to immigration authorities.

4. Talk to attorney who is representing you in this case and to a good immigration attorney.

[immilkgukg]

1. If you're questioned about the incident try to be brief with facts. 

2. There's no such time exists for immigration. DoS will see your arrest record irrespective of the time you travel. 

3. For immigration purpose there's no sealing. DoS gets to see everything. 

4. Carry all the court related documents, police reports,etc. Get hold of a good immigration attorney. 

[aoringo]

1. You will be questioned for sure about that. Answer truthfully.

2. No such safe time exists for you.

3. Whatever you do all records will be available to immigration authorities.

4. Talk to attorney who is representing you in this case and to a good immigration attorney.

 

 

1. If you're questioned about the incident try to be brief with facts. 

2. There's no such time exists for immigration. DoS will see your arrest record irrespective of the time you travel. 

3. For immigration purpose there's no sealing. DoS gets to see everything. 

4. Carry all the court related documents, police reports,etc. Get hold of a good immigration attorney. 

Thanks a lot for the answer! 

From the experience of the two of you, did you see a lot of similar cases where the applicants get denied of their visa renewal?

Also, say if my f1 visa got denied by the officer, what should be my next step specifically? Thank you! 

Hope both of you have a great weekend and holiday.

[yiqun]

Hi,

I have the similar situation as yours.

I wonder have you got the visa successfully?