I had been in the US since 1997 until 2009 as an F-1 student. Unfortunately, on the last quarter at school, I lost my status since I was a credit short of a full-time student. Then upon the recommendation from the school, I went in front of the court and asked for the Voluntary Departure (VD). However, a couple of weeks prior the departure date, I was arrested on a felony charge of didn't stop for the police when I was driving on the freeway. There were a 25K bail on me that my friend had. Therefore I had to stay past the VD date in order to comply with the bond. Since I missed the VD, it has automatically turned into a deportation. I left the US and is now back to Thailand. I am trying to get back to the US by filing for a waiver of the 10-year barred on me. Then, I just recently found out that the DA office has decided to charge me with that felony charge. In order to go back to the US, I can't have any criminal charge on me, so I need to get rid of it. A lawyer suggests that the possibility that DA will just drop the case is slim, however, the result of misdemeanor can be done. So my question is How's a misdemeanor charge affect to a possibility of getting a visa or a waiver to get back to the US? If the DA agrees to give me a misdemeanor instead of a felony charge, will it prevent me to get my visa or the waiver approved? I appreciate your help.