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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?

choster
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hphp95
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1 Answers1

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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.

Augustine of Hippo
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