Speaking in place of an immigrant on a student visa , who was fatly accused and arrested on a felony charge , Is there still any purpose of staying in the United States . I mean the point is to come and live the American dream get educated get job and raise family , but after this arrest ( non conviction ) i wonder if that is still possible , and would like advise if one in this situation would be best to call it quits and leave . My question is based on things i have haired and how poetical would judge , and can easy find out about a record even if u are innocent . I would really appreciate any advise from here . .
The question as posted is not very clear, but it seems that it is being asked on behalf of another person who is here on a student visa. Whoever the affect party may be, they need to consult privately with a lawyer experienced in handling immigration cases, a very specialized area of legal practice. It is not uncommon to find counsel with experience in both criminal defense and immigration because they frequently intersect as they do in your question. It also sounds like there is not going to be a conviction. If that is true, I would expect that there is "life after" that fact. Repost your question to the Practice Area "Immigration".
I agree with my colleague. The question as asked appears to be a rhetorical one. We, here on AVVO cannot answer this question. We canot because if the person was indeed wrongfully accused, but not convicted, it is not a reason for being discouraged because accusations will not make him either deportable or inadmissible. Also, from the facts we know nothing about the person, except very poetic expression of dispare, which does nothing in terms of assisting an immigration attorney in understanding the facts of the case. Without clear knowledge of the facts, no immigration attorney will be able to help. Hence, please read my colleague's post carefully. It makes a lot of sense. Follow his advice and you may, after all, be able to turn lemons into a lemonade. Good luck.
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I agree with Mr. Jones and Mr. Segal.
There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The likelihood of a positive outcome- becoming a citizen- is increased with the help of an experienced immigration and criminal litigator. Seek out an experienced immigration and criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv
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An arrest alone is not a basis on which a student on an F-1 visa could lose their status or face deportation, unless it leads to the discovery of other grounds on which status is being violated. An arrest that does not result in a conviction may later have to be revealed on an application for adjustment of status, for change of status, and even on a future application for a non-immigrant visa, but it should not create an obstacle to approval when proof of acquittal or dropping of the charges is provided. An applicant for any type of status always must answer honestly, explain the situation and provide requested documents; however, in the absence of an admission to committing a crime, revealing an arrest that does not result in a conviction is not fatal, and not a reason to "call it quits and leave." A consultation to clarify the individual's status and put his mind at ease may be desireable, and such a person needs a competent attorney knowledgeable in immigration law, particularly inadmissibility and deportability grounds, and removal defense.
This answer simply provides general information in response to the situation described in the question. It should not be taken as legal advice, and it does not create an attorney-client relationship. More data and factual/legal research would be required to develop an accurate legal response to this question.