You are here:

Immigration Issues/Been arrested, renewal F1 and F2

Advertisement


Question
Hello,

I am a student in a USA university on an F1 visa, my wife has an F2 visa. We were arrested 2 years ago. My charge was "disorderly conduct", and was dropped. My wife's was "resisting arrest without violence". We were both released on the same day of the arrest and my wife did community service and now her case is closed. Do you think that this can stop us from renewing our F visa or eventually getting an H1B visa or green card in the future?

Thank you,

Luis.

Answer
Hello Luis:


Arrests and/or convictions even for crimes that may not be serious for U.S. Citizens, can have serious immigration consequences:. If you are fingerprinted, this can delay visa issuance even if you are not convicted or if your record is expunged .
ANY arrest or conviction will cause a positive “hit” in NCIC and delay new visa issuance. It does not matter if you take the record of your arrest or conviction with you to the consulate, as they will still have to wait for the NCIC Report.
Thus, it is highly probable that this incident will affect your visa's renewal.

Sincerely,

Annick Koloko
www.kolokolaw.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Annick Tchokonte-Koloko

Expertise

Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.

Experience

Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

Organizations
AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Education/Credentials
Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

©2016 About.com. All rights reserved.