0

A few weeks ago I got arrested and got a ticket for solicitation of prostitution (under California PC 647(b)). Since I had no previous criminal history, I got referred to the Neighborhood court and then the FOPP (first time offender) and the DA told me that after the class, they will not pursue the matter and the charge will get dropped. I am going to travel back to my country in the end of 2017 and I need my visa renewal (F1 visa, haven't renew my visa for more than a year).

My question is, how long would it take for the consulate to do the background check to prove that my charge is dismissed? And I know that one count of solicit of prostitution is neither CIMT nor inadmissible (Even I'm not convicted, I just do some research). Would that affect my visa renewal and in the future, if I apply for H1B would this be a problem?

closed as off-topic by Gayot Fow, Giorgio, Ali Awan, Michael Hampton, pnuts Feb 8 '17 at 18:22

This question appears to be off-topic. The users who voted to close gave this specific reason:

If this question can be reworded to fit the rules in the help center, please edit the question.

  • 5
    And, better, the input of an attorney, rather than random strangers on the Internet. The arrest and/or conviction is in the moral turpitude category, and your school may consider it a violation of your F1 visa conditions. – Giorgio Feb 8 '17 at 16:21
  • The police officer said as long as I take the class they will not report back to my school. – hphp95 Feb 8 '17 at 16:41
  • 2
    @hphp95 My advice: do NOT trust them - too much is at stake. Like I said, cancel your trip to your home country, and don't go anywhere until finished with your studies – Crazydre Feb 8 '17 at 16:54
2

This is an immigration question and more appropriate for another forum. What you need to do is get your discharge papers from the court and have it ready at the time you submit your visa renewal application.

As a former immigrant student with knowledge of the immigration system, I would advise if possible that you complete your studies here before leaving and having to apply for a visa renewal so you don't risk a denial and losing years of education without getting a degree.

Many H1b's (I know you're F1) have had their visas approved after solicitation convictions and/or arrests however visas are issued at the discretion of the consular officer.

Solicitation of prostitution IS a CIMT per the ninth circuit court, however ONE count of solicitation does not make you deportable. Please read the laws very well. You have only one count if convicted so you are fine, for now.

https://immigrantjustice.org/litigation/blog/rohit-v-holder

The Ninth Circuit concluded that the BIA did not err in determining that Rohit’s conviction for solicitation of prostitution constituted a conviction for a CIMT, and that because Rohit was convicted of two CIMTs, he was removable under § 1227(a)(2)(A)(ii).

Background checks take anywhere from two weeks to sometimes years, depending on several factors.

A good place to read about people's experience with immigration issues after solicitation arrests/conviction is:

http://forums.immigration.com/forums/criminal-convictions-and-act.35/

Good luck.

  • I have already thought of not going back until I finished my study (I know I'm not deportable under the Federal law). Thank you for your answer. I will post on another forum. – hphp95 Feb 8 '17 at 16:09
  • Solicitation of prostitution IS a CIMT. Read my revised posting. However one count of solicitation doesn't make you deportable. Cheers – cHiEf Immigration vIoLaTer Feb 8 '17 at 16:11
  • 1
    If you're not convicted you're fine. However note that for for immigration purposes, expungement of a conviction still counts as a conviction. Anyway you're fine because even if you're convicted, you only have one CIMT. One thing you should note is we're talking about deportations. That is different from being issued a visa. A consular officer can still refuse to issue you a visa for ANY crime. Don't confuse deportation with visa issue. – cHiEf Immigration vIoLaTer Feb 8 '17 at 16:18
  • 2
    @hphp95 Even if your case is ultimately dismissed, you must acknowledge your arrest record when you apply for renewal of your visa or for another category of visa. – Giorgio Feb 8 '17 at 16:19
  • 1
    I am not trying to frighten you. I am just making you aware of the risks. Like I wrote, it is at the discretion of the consular officer. Some will overlook, some will not. I know people who were approved and some denied. There is a risk and you need to be aware of the possibilities before making any move. That's all. – cHiEf Immigration vIoLaTer Feb 8 '17 at 16:26

Not the answer you're looking for? Browse other questions tagged or ask your own question.