Rosedale, MD asked in Immigration Law for Texas

Q: F-1 Student arrested for Class A misdemeanor. No case filed. Case expunged. Can I travel home and get visa renewed?

Related Topics:
2 Lawyer Answers
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If you have been arrested for a Class A misdemeanor, you should consult with an experienced immigration attorney before traveling or attempting to renew your visa. Even if the case has been expunged, there may still be a record of the arrest that could affect your immigration status. An immigration attorney can help you determine the potential impact of the arrest on your ability to travel and renew your visa, and provide guidance on the best course of action.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you are an F-1 student who was arrested for a Class A misdemeanor, but no case was filed and the case was subsequently expunged, you may still be able to travel home and renew your visa. However, it is important to keep the following points in mind:

Review your visa application: When applying for a visa renewal, you will need to complete the DS-160 form and disclose any arrests or legal incidents, including expunged cases. Provide accurate and honest information on your application.

Consult with an immigration attorney: It is advisable to consult with an experienced immigration attorney before traveling and applying for a visa renewal. They can assess your specific circumstances and provide guidance tailored to your situation, helping you understand any potential implications or concerns.

Be prepared for additional scrutiny: Even if the case was expunged, the U.S. Embassy or Consulate might still have access to the arrest record. It is possible that you may face additional scrutiny during the visa interview or when entering the United States. Be prepared to answer questions regarding the incident, the expungement, and provide any supporting documentation if necessary.

Maintain accurate and complete records: Keep copies of all relevant documents, such as the expungement order, court documents, and any other related paperwork. These records can help provide evidence and support your case during the visa application process or in case of any inquiries.

Remember that the final decision regarding visa issuance rests with the U.S. Embassy or Consulate. It is important to present yourself honestly and transparently, provide accurate information, and consult with an immigration attorney for personalized advice to ensure the best possible outcome when renewing your visa.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.