Arrest impact on future VISA

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Great to find such an amazing forum!

I was recently arrested for domestic violence due to some misunderstanding. But spent overnight at jail and released the second day. I was NOT charged or convicted. I didn't receive any following instructions and got back home. I could find my case info online saying "Disposition: No Complaint Filed". So basically in theory DA have two years to file the charge, but the chance is very slim for minor case.

And I'm right now holding F1 VISA, will graduate quite soon, and already got a dream company offer. So now I'm actually applying for OPT and my company has already started H1B lottery for me.


1. Am I clean now? I'm not charged and not convicted, and I actually could get certified copy from court displaying "Disposition: No Complaint Filed". But since DA can still have two years to charge me, I'm worried this case is not closed, and "still pending".

2. How would this arrest record impact my F1 status?  Would my F1 VISA (already expired), F1 status remain intact? I'm worried this will result in any possibility of deportation, as I'll soon get my degree.

3. If I could maintain my F1 till graduation and apply for OPT, how would OPT application be affected? Will USCIS request RFE for this arrest record? I didn't see any questions about arrest record inquiry for F1 students on I-765 form. 

4. Similarly how could this affect my H1B application? USCIS will request RFE? 

Sorry to bring up so many questions. I'm quite worried. Thanks!

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17 hours ago, 02112018 said:

Free suggestions won't solve this issue, contact an attorney.

Thx, Actually I've already contacted attorney, who said I'm totally fine with F1, OPT, H1B. Only issue will be H1B stamping, but I'm not planning to leave US in near future. But I only consulted one attorney, and I'm still worried that's why came to this forum to ask for you guy's opinion. 

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  • 11 months later...

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