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I was charged with third degree assault but the case was dismissed. Will this affect my F-1 OPT visa renewal?
Anonymous3 views3 answers
I am an international student from China and am graduating from college in a few days. I was recently charge with third degree assault and domestic violence in Colorado but the case was dismissed. My question is - if I go back to China and apply for F1 (OPT) visa renewal, will I encounter any problems with visa and re-entry to the US? Note that I already have a paid full-time job starting this July, I have my OPT card, and that I went to a very good school with good grades. I have zero criminal history.
A bit about my arrest: I was in an abusive relationship and my ex-boyfriend threatened me with death; I called the police but he lied and got me arrested. I have a third-party witness to testify that he was indeed abusive. The case was dismissed and my lawyer is working to seal the case.
Since the case was dismissed, it should not affect the renewal. Get a copy of the charging document and disposition sheet before sealing so that you may support the dismissal. Sealing will not insulate you from having to answer any questions on immigration forms.
Remember that a ground of inadmissibility may be triggered where you admit to the essential elements of a crime involving moral turpitude not just where one has been convicted. Therefore you certainly could be asked about your arrest, charge and disposition. Be ready to answer questions and make sure you have certified copies of all criminal records. You should consult with an excellent immigration attorney. Good luck
I think both of my colleagues raise good points. It's best to be prepared in case you are asked questions about the arrest, but overall you are likely to not be denied your visa renewal. If you have further questions just let me know.
