yiqun Posted November 18, 2015 Report Share Posted November 18, 2015 I was charged as shoplift in a bookstore at the beginning of this year. Then I asked for help from an attorney from my university. She told me my case is non-conviction. Now the case had been dismissed, and it is in the process of the expungement. I hope the case can be expunged during Jan. to March next year. I wonder if I want to apply for student visa next year, will the case affect the application? Link to comment
JoeF Posted November 18, 2015 Report Share Posted November 18, 2015 The case will always be visible for immigration. Expungement doesn't apply forr them. Link to comment
yiqun Posted November 19, 2015 Author Report Share Posted November 19, 2015 So will my visa be denied because of the arrest record Link to comment
JoeF Posted November 19, 2015 Report Share Posted November 19, 2015 Probably not, but you have to mention it on the application if there is a question about arrests, etc. Link to comment
century Posted November 20, 2015 Report Share Posted November 20, 2015 Visa could be denied if u plead guilty and the case was dismissed because shoplift is a crime involving moral turpitude.. You can be deported too if u leave country andcameback in port of entry.. If u committed this offense CIMT within 5 yrs of your entry in US u could be deported Link to comment
yiqun Posted November 20, 2015 Author Report Share Posted November 20, 2015 what about if I didn't plead guilty My attorney told me since this is my first offense, the case is non-convicted Link to comment
JoeF Posted November 20, 2015 Report Share Posted November 20, 2015 The OP said the case was dismissed... But it still has to be listed on the application. Link to comment
century Posted November 21, 2015 Report Share Posted November 21, 2015 Since u commited offense and you are arrested immigration see this.. It will be discretion of the port of entry or immigration officer to let you in.. Also shoplifting arrest if viewed by employers you will have tough time to get hired by an employer.. You may not get a job because of your arrest record.. Life will be tough if there is a simple arrest record and court case record. Link to comment
century Posted November 21, 2015 Report Share Posted November 21, 2015 Well immigration looks arrest different. If there is arrest that means you committed crime. You will have to give police report to the immigration officer. If there is a reason to believe the offense was committed your visa will be denied on the spot even if case is dismissed. Also you will be banned to enter US for 5 or 10 years. Good luck with getting visa.. How long did u stay in US when shoplift arrest occured? Did they fingerprinted you? If yes your case will apear at port of entry Link to comment
JoeF Posted November 21, 2015 Report Share Posted November 21, 2015 Well immigration looks arrest different. If there is arrest that means you committed crime. Hmm, no. If there was no conviction, there is no issue. Arrests still have to be listed. Not listing them can cause a lot of problems for immigration. Link to comment
yiqun Posted November 22, 2015 Author Report Share Posted November 22, 2015 Well immigration looks arrest different. If there is arrest that means you committed crime. You will have to give police report to the immigration officer. If there is a reason to believe the offense was committed your visa will be denied on the spot even if case is dismissed. Also you will be banned to enter US for 5 or 10 years. Good luck with getting visa.. How long did u stay in US when shoplift arrest occured? Did they fingerprinted you? If yes your case will apear at port of entry The case occurred at the beginning of 2015, and I left US on Sep. I wish to re-enter on Sep. next year. However they didn't fingerprint me. Link to comment
century Posted November 23, 2015 Report Share Posted November 23, 2015 Ok do you have certified court disposition documents with u? If u dont have that you will need it during port of entry or visa interview.. If u dont have it your visa or entry will be denied .. Get it from court.. You will need to mention you were arreested in ds160 form or any immigration documents if asked Link to comment
yiqun Posted November 23, 2015 Author Report Share Posted November 23, 2015 Hmm, no. If there was no conviction, there is no issue. Arrests still have to be listed. Not listing them can cause a lot of problems for immigration. Thank you for your replying So do you mean I will be fine to apply for the F1 visa if I mention the arrest information on the DS-160? Link to comment
yiqun Posted November 23, 2015 Author Report Share Posted November 23, 2015 Ok do you have certified court disposition documents with u? If u dont have that you will need it during port of entry or visa interview.. If u dont have it your visa or entry will be denied .. Get it from court.. You will need to mention you were arreested in ds160 form or any immigration documents if asked Thanks for your answers Yes I do have the disposition letter from the court that said the case had been dismissed So will it be fine during the visa interview and port of entry? Link to comment
JoeF Posted November 23, 2015 Report Share Posted November 23, 2015 Thank you for your replying So do you mean I will be fine to apply for the F1 visa if I mention the arrest information on the DS-160? Most likely, yes. They may ask you questions about it, but as long as you answer truthfully, there shouldn't be an issue. Link to comment
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