Getting F1 Visa AGAIN; Left Voluntarily - Have Arrests

[the_game44 0]

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 marijuana card. I had an arrest for marijuana 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 marijuana and a knife but the charges were dropped.

Someone 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.

Edited March 13, 2014 by the_game44

[SAT 9,609]

It's good that you're upfront and honest. That's respectable.

My opinion, roll the dice and see what you get...

[Leo7777 243]

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.

As I understand, this is impossible.

You or anyone else care to comment on this?

[Boiler 45,529]

Status not Visa, Also wondering how you could be H4 for 12 years, not that this matters.

Where are your Parents now? Back in your own country?

What can you show regarding drug programmes etc to show you are now clean.

[the_game44 0]

Status not Visa, Also wondering how you could be H4 for 12 years, not that this matters.

Where are your Parents now? Back in your own country?

What can you show regarding drug programmes etc to show you are now clean.

It is possible we got an extension.

Yes my parents are back in my country now. My sister is a citizen but she is a baby.

Well I passed the drug program that was required for me as part of the DEJ program. Other than that I have never been in a drug program.

[the_game44 0]

As I understand, this is impossible.

You or anyone else care to comment on this?

Yes my apologies I worded it incorrectly.

As the gentleman pointed out, it was a change of status from H4 to F1.

[Boiler 45,529]

I see no harm trying, The worst they can say is no.

[Leo7777 243]

I still don't understand.

I think you can only get F-1 visa when you apply at a USA Embassy outside of the USA.

I don't think you can convert from another type of visa (H or anything else) to F-1 while you are inside USA.

If you are outside USA and obtain F-1 visa, then you really haven't converted anything - - - you just got an F-1 visa.

Those in the know - - - please advise.

[Boiler 45,529]

As I said Status, converted from H4 to F1.

[milimelo 4,481]

I still don't understand.

I think you can only get F-1 visa when you apply at a USA Embassy outside of the USA.

I don't think you can convert from another type of visa (H or anything else) to F-1 while you are inside USA.

If you are outside USA and obtain F-1 visa, then you really haven't converted anything - - - you just got an F-1 visa.

Those in the know - - - please advise.

It's possible to do a change of status from one visa status to another. You get I-94 with that status. The thing is, if you leave US, you have to go to your home country's US embassy to get a visa to return to the US. In some cases, that's where you get a denial.

[aaron2020 11,651]

MJ is your doom.

Even though you had a medicinal MJ card, MJ is still in the same category as heroin and cocaine at the federal level.

You are seeking a federal benefit with a student visa, so it's likely you will get a 1 year ban like many others who have tried for visas who have admitted to smoking pot in the past.

[Boiler 45,529]

I thought the 1 year thing was for immigrant visa's.

[the_game44 0]

MJ is your doom.

Even though you had a medicinal MJ card, MJ is still in the same category as heroin and cocaine at the federal level.

You are seeking a federal benefit with a student visa, so it's likely you will get a 1 year ban like many others who have tried for visas who have admitted to smoking pot in the past.

I had no problem getting a visa last time I applied so the MJ is not what I am worried about.

I wanted to know about the actual law surrounding this and how it would play out.

Is it automatic denial? Would I ever be able to get it? Is it a case by case basis with lots of leeway?

I am absolutely terrified of losing the 2 and a half years of university that I already have completed.

[Boiler 45,529]

It is not an automatic denial.

There is only one way of finding out.

Worst case presumably you can get your credits transferred.

[AnotherLostSoul 167]

I don't know when the OP changed from H4 to F1, but a while back you could do "COS- change of status" within the US. Maybe new rules do not allow that but I did the same thing back then (except for all the drug #######)...