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Getting F1 Visa AGAIN; Left Voluntarily - Have Arrests

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  • Getting F1 Visa AGAIN; Left Voluntarily - Have Arrests

    Hi everyone I have a pretty tough situation right now. I had been living in the US since I was 9 years old. Finished elementary school, middle school, and high school and started college. I was originally on my fathers H1B visa, and after turning 21 I switched to a F1 visa.

    I received my F1 visa while I was in the states so I never had to go to to the embassy and be seen in person.

    I remember the last time I left the country I had problems at the embassy because of my medical **** card. I had an arrest for **** that was dismissed because I lived in CA, but nonetheless it showed up and I had to get paperwork to them. I was stuck in my country for over 6 months doing a myriad of tests including a drug test and psychiatric(it was part of the regular procedure for people with drug arrests as far as I could tell). This was all before I received the F1 visa.

    So fast forward a few years I was going to school in the US. The issues I have are with arrests that I have on my record and I am wondering how that will impact me as I want to continue working towards my degree; hopefully next school year. 2 years ago I was arrested for drug possession and charged with felony drug possesion but I qualified for DEJ program and after completing it there was no conviction. While I was charged with 1 count of drug possession I had prescription pain medication and heroin (very little half gram). It says this in the paperwork. I at a later date had prescription for the medication due to earlier car accidents but I am worried about the drugs.

    Second arrest was a year ago for prescription medication also, which I have a prescription for now. I also qualified for the DEJ program because it was in a second county and I completed that so there is no conviction also.

    Third arrest happened for **** and a knife but the charges were dropped.

    Somehow I ended up going through all of this with no record, but I know the arrests will cause problems.
    I was going to school during this time. I got really sick halfway through the year and decided to take a break from school, which was unrelated to the legal issues, and I left the country voluntarily.

    Now that I have been able to regain my health (and my MIND!) and would like to return and finish my degree.

    Anyone heard of a similar situation or have experiance?
    What steps can I take from here? Get a lawyer?
    I would love to hear your suggestions.

  • #2
    Your history, even if no convictions, will come up every time an FBI name check or a NCIC query is made by any peace officer or Border Patrol officer or Canadian Border officer. Until you know that you have a legal obstacle blocking your obtaining a visa, however, it is premature to find an eager attorney who is more than willing to take $2,000 retainer (at minimum) and promise you representation.

    It might be useful to obtain written proof of all counselling and rehab programs with which you have been involved, to offer when you encounter any government concern that you can be dismissed as a "druggie.

    --Ray B

    Originally posted by the_game44 View Post
    Hi everyone I have a pretty tough situation right now. I had been living in the US since I was 9 years old. Finished elementary school, middle school, and high school and started college. I was originally on my fathers H1B visa, and after turning 21 I switched to a F1 visa.

    I received my F1 visa while I was in the states so I never had to go to to the embassy and be seen in person.

    I remember the last time I left the country I had problems at the embassy because of my medical **** card. I had an arrest for **** that was dismissed because I lived in CA, but nonetheless it showed up and I had to get paperwork to them. I was stuck in my country for over 6 months doing a myriad of tests including a drug test and psychiatric(it was part of the regular procedure for people with drug arrests as far as I could tell). This was all before I received the F1 visa.

    So fast forward a few years I was going to school in the US. The issues I have are with arrests that I have on my record and I am wondering how that will impact me as I want to continue working towards my degree; hopefully next school year. 2 years ago I was arrested for drug possession and charged with felony drug possesion but I qualified for DEJ program and after completing it there was no conviction. While I was charged with 1 count of drug possession I had prescription pain medication and heroin (very little half gram). It says this in the paperwork. I at a later date had prescription for the medication due to earlier car accidents but I am worried about the drugs.

    Second arrest was a year ago for prescription medication also, which I have a prescription for now. I also qualified for the DEJ program because it was in a second county and I completed that so there is no conviction also.

    Third arrest happened for **** and a knife but the charges were dropped.

    Somehow I ended up going through all of this with no record, but I know the arrests will cause problems.
    I was going to school during this time. I got really sick halfway through the year and decided to take a break from school, which was unrelated to the legal issues, and I left the country voluntarily.

    Now that I have been able to regain my health (and my MIND!) and would like to return and finish my degree.

    Anyone heard of a similar situation or have experiance?
    What steps can I take from here? Get a lawyer?
    I would love to hear your suggestions.

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