Charged without an arrest, will this affect F1 visa application?

[walterwang 0]

I scratched a car at parking lot without realizing that. Now I am charged for that without an arrest. My lawyer tells me we may dismiss the criminal charge.

If the charge is dismissed, will it affect my f1 visa application? At how to fill ds 160 (just say no?)?

[walterwang 0]

Thanks Chic! Just a little wondering what if I cannot get all charges dismissed? How bad will the situation be? Will it block me out of US?

Thanks!!!!

I'd suggest your lawyer dismisses the charges before your fill in your F1 application, if the wait is possible. If not, you write in the form that the charges are pending and your lawyer is trying to get them dismissed. Do not lie on the form, under any circumstances. Your F1 application shouldn't be affected if all charges are dismissed. Good luck!

[walterwang 0]

Thank you so much! Really appreciate your help.

I will waite for the trial. I'm in US now. I don't want to take the risk of being rejected outside before finishing my PhD degree .

It's not serious, my lawyer said it's very likely that we can dismiss the charges. I just a little bit afraid of the worst result which is that we cannot dismiss them all, and trying to see whether I can do something for preparation for the worst one.

I cannot comment without knowing the specifics of your case and I'd rather not comment since I'm no attorney. However I can say that DHS does not take pending criminal charges lightly. The fact that you write "if I cannot get all charges dismissed", tells me that your case sounds complex and serious (just speculating here based on your choice of words). If this is true, I'd definitely suggest you wait till all charges are dismissed before you seek to apply for an F1 visa. If you want to be bold and don't mind possibly losing visa application fees, go ahead and try. However do not lie on the form by writing "No" to the question that asks about charges, when clearly the answer should be "yes". When you write "yes", you will also be prompted to explain your charges which might raise red flags. All this stress can be avoided if you simply wait till all your charges are first dropped before you seek to apply for your F1 visa. Good luck!