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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5088
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I AM currently on F-1 VISA and i went back to my home

Customer Question

Customer: HI ***** currently on F-1 VISA and i went back to my home country to reapply US visa however i was caught shoplift before but the court has decide to dismiss my case but right now i have turn all the paper work of the court decision and my community service letter to the US consulate i am not sure if i will be able to get US visa because i still have school to finish
JA: Thanks. Can you give me any more details about your issue?
Customer: yes , the court is going to dimiss my file in Feb and i never convicted to the case i am just not sure if under all these circumstances will i still be able to get my renewed F-1 visa
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: sure
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my nane is Jennifer and I will be the immigration attorney helping you today.

As long as the case was dismissed, you should not have an issue. Be prepared to carry with you any and all court related documents to show in case you asked for it upon reentry (arrest report, disposition).

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
but i have already went to the US consulate in person and without carrying the relative document and the officer asked me to submit additional document. Also the court only send out file about going to dismiss the case on Feb 26th so i am not sure if that would affect my VISA status.
Expert:  Jen Marie, Esq. replied 1 year ago.

It is possible that your case will be in administrative processing for some time while they decide if they will re-issue you the visa since you were arrested. However, Right now you don't have a conviction, so it should not be denied based on this, but the processing can take longer because it is more complicated with the arrest and they may want to wait to see how it is resolved. If they have not made a decision by February, then you should go submit the court document showing it is dismissed once you have it. All this could definitely delay the process but ultimately you should get the visa renewed.

I hope this helps to clarify and I hope I have now earned your positive rating.

Customer: replied 1 year ago.
if for my case . I have submit supplemental file with COD : shows court has decide to dismiss my files in Febreuary, Police desk appearance ; and my community service hours do you think that will be sufficient for them to make a decision?
Expert:  Jen Marie, Esq. replied 1 year ago.

Yes, I do believe it will be a very good chance of approval if you submit the documents you mentioned.

Hopefully this now clarifies your doubts and hopefully I have now earned your positive rating. Let me know if you have any issues giving the rating today.

Thank you in advance and Happy New Year!