Stipulated Order of Continuance and Change of Status to F1

[tnask 0]

My son (18 yrs) has recently graduated from high school and will be joining the university to pursue Computer Engineering beginning 8/13/15. He was caught attempting to steal a bottle of alcohol from a store and was detained for 30 minutes and released. Our criminal attorney had worked with the prosecutor in the court and had entered into a SOC with no conviction of charges. The SOC requires him to remain out of trouble for next 2 years and need him to complete 50 hours of community services, which he has started today. He had no criminal history or addiction issues in the past. The prosecutor mentioned in the court that police report would be kept with them and not submitted to the court to help him that this information did not go into the homeland security database as long as he remains clean during the next 2 years. My son is in TD visa now and I wanted to apply for him for a change of status to F1. Could you please advise if he has any chances of securing a F1 visa now? He has no prior incidence of any sort and he had done in the past more than 2 years of community services in various capacities including tutoring maths to junior students in the library. I am just wondering if there is a possibility for him to secure F1 visa without leaving the country being this a first time demeanor charge. I am on a TN visa and work as a professional engineer.
I am also looking for a lawyer from Seattle area who can help us in case there are chances to obtain this change of status.

Thanks

[jan22 2,898]

If you are concerned about this, as long as you are maintaining your TN status, why would you want him to switch to an F-1 right now? He can continue in TD status until he is 21. (Being in TD status may limit his access to CPT or OPT, however). Assuming he was fingerprinted at the time of his arrest, and was 18 at the time, it is likely that his fingerprints for the visa will show his arrest/conviction. There is no seperate Homeland Security database for criminal records -- they read off of police/FBI records. Even if it doesn't hit on the fingerprints, he will have to report the arrest in response to the visa application question re ever having been arrested/convicted. If this is his only arrest/conviction, it will not make him ineligible for the visa -- but he will need court records to support what the charge and sentence was.

[Boiler 43,430]

He has to go to Canada to get a visa.

He has been arrested so will need to declare it.

[tnask 0]

Jan22, thanks for your insight. This is his first crime. Reason for seeking F1 is that the current TD visa will expire little over a year from now which is prior to SOC expiry. Good to know that they might consider granting F1 visa once he discloses this incident in his application. If we apply from within US, is there any reason of risking the current TD visa incase they decide against F1 application? He was fingerprinted during his arrest.

[Boiler 43,430]

He can only change status in the US, see above.

[jan22 2,898]

Jan22, thanks for your insight. This is his first crime. Reason for seeking F1 is that the current TD visa will expire little over a year from now which is prior to SOC expiry. Good to know that they might consider granting F1 visa once he discloses this incident in his application. If we apply from within US, is there any reason of risking the current TD visa incase they decide against F1 application? He was fingerprinted during his arrest.

I understand that his current TD status will be expiring, but as long as you maintain TD status and he is under 21, he can still extend his TD status. However, it really is a moot point, since he would still have to report the arrest/conviction on any immigration application, be it for a TD or an F1. Hope it all works out for him/you -- and that he has learned his lesson so he doesn't get into more trouble that will affect his whole future! So hard for a teenager to realize that.....