J1 visa revoked

[patrio 1]

My J1 Visa was revoked by my sponsor after i was fired from my job due to a positive drug test.

 

Is it possible that i can get a new J1 visa?

 

I'm no drug user, but i smoked some kind of pencil that i thought was nicotine.

 

Thank you!

[Boiler 45,417]

Certainly theoretically possible.

[SusieQQQ 11,586]

Does the sponsor report to uscis why the visa was revoked, or is it just revoked?

any drug issue on your record will make a new non immigrant visa very difficult to get. If you apply for a new one and the interviewer asks why your previous visa was revoked, you have to be honest about it.

Are you back in your home country now?

[patrio 1]

24 minutes ago, SusieQQQ said:

Does the sponsor report to uscis why the visa was revoked, or is it just revoked?

any drug issue on your record will make a new non immigrant visa very difficult to get. If you apply for a new one and the interviewer asks why your previous visa was revoked, you have to be honest about it.

Are you back in your home country now?

I actually don't know if it was reported or not, i just got an email telling me that my program was shortened in SEVIS in good standing.

 

I woudn't lie about it, but how bad is a marijuana positive drug test ? I could easily comply with more tests because i don't even smoke.

 

I had been to US seven times now, never disrespected any laws or had any immigration problems, that gotta help, right?

 

And yes, i'm in my home country.

[SusieQQQ 11,586]

58 minutes ago, pedromnz said:

I actually don't know if it was reported or not, i just got an email telling me that my program was shortened in SEVIS in good standing.

 

I woudn't lie about it, but how bad is a marijuana positive drug test ? I could easily comply with more tests because i don't even smoke.

 

I had been to US seven times now, never disrespected any laws or had any immigration problems, that gotta help, right?

 

And yes, i'm in my home country.

It’s still a crime at federal level so it’s a problem for immigration. There are some things they can be lenient with but controlled substances is a massive immigration no-no.

 

See https://fam.state.gov/fam/09FAM/09FAM030204.html

 

the following extracts may be relevant for you:

 

Note that whether or not a controlled substance is legal under a state law is not relevant to its illegality under federal law.

 

Controlled Substance Includes Marijuana (and the paragraph detailing this after that heading)

 

and most important (unfortunately) for you: An alien may be found ineligible if he or she admits to committing the essential elements of a drug violation in lieu of a conviction (there was a poster on VJ not too long ago who got refused entry for admitting use even with no conviction)

 

i mean, I guess you can try argue that you didn’t know what it was, but for a non-immigrant visa I don’t think they’re really going to think too hard about it.  If you have the visa fees to spare i suppose you could try, but I wouldn’t expect too much. Do you have someone in mind to sponsor you for a new J1? Wouldn’t they also ask you about what happened last time?

 

 

 

 

 

 

[WeGuyGal 1,052]

8 hours ago, SusieQQQ said:

 

i mean, I guess you can try argue that you didn’t know what it was, but for a non-immigrant visa I don’t think they’re really going to think too hard about it.  If you have the visa fees to spare i suppose you could try, but I wouldn’t expect too much. Do you have someone in mind to sponsor you for a new J1? Wouldn’t they also ask you about what happened last time?

 

Does an adult not know what goes from their hands into their body? 

[Boiler 45,417]

I would consider the first step, somebody to sponsor you, I know people who sponsor J1's and am pretty sure there is no shortage and would likely pass on someone with complicating issues.

[SusieQQQ 11,586]

1 hour ago, WeGuyGal said:

Does an adult not know what goes from their hands into their body? 

“i smoked some kind of pencil that i thought was nicotine.“

 

i think most people would know the difference after the first drag, but let’s give the OP the benefit of the doubt. He was still terminated for a positive drug test. High bar to overcome.

 

the question about 7 blameless visits, unfortunately controlled substances tends to be one strike and you’re out, like losing your virginity. Once it’s gone, it’s gone. 

Edited March 19, 2019 by SusieQQQ

[mindthegap 2,589]

1 hour ago, SusieQQQ said:

the question about 7 blameless visits, unfortunately controlled substances tends to be one strike and you’re out, like losing your virginity. Once it’s gone, it’s gone. 

I dunno...I think mine grew back once

[patrio 1]

11 hours ago, SusieQQQ said:

It’s still a crime at federal level so it’s a problem for immigration. There are some things they can be lenient with but controlled substances is a massive immigration no-no.

 

See https://fam.state.gov/fam/09FAM/09FAM030204.html

 

the following extracts may be relevant for you:

 

Note that whether or not a controlled substance is legal under a state law is not relevant to its illegality under federal law.

 

Controlled Substance Includes Marijuana (and the paragraph detailing this after that heading)

 

and most important (unfortunately) for you: An alien may be found ineligible if he or she admits to committing the essential elements of a drug violation in lieu of a conviction (there was a poster on VJ not too long ago who got refused entry for admitting use even with no conviction)

 

i mean, I guess you can try argue that you didn’t know what it was, but for a non-immigrant visa I don’t think they’re really going to think too hard about it.  If you have the visa fees to spare i suppose you could try, but I wouldn’t expect too much. Do you have someone in mind to sponsor you for a new J1? Wouldn’t they also ask you about what happened last time?

 

 

 

 

 

 

First of all, thanks for the help.

 

Yes, i have an agency that helps with the sponsor etc. I don't think the sponsor would ask about it, they have access to this information ?

2 hours ago, SusieQQQ said:

“i smoked some kind of pencil that i thought was nicotine.“

 

i think most people would know the difference after the first drag, but let’s give the OP the benefit of the doubt. He was still terminated for a positive drug test. High bar to overcome.

 

the question about 7 blameless visits, unfortunately controlled substances tends to be one strike and you’re out, like losing your virginity. Once it’s gone, it’s gone. 

The only people that believe me are my friends, that know me, but i understand your point. That pencil had cherry taste and i was already more drunk then i can explain.

 

I actually went to do the test with no worries, couldn't even explain in the first moment why the test came back positive.

 

But thank you for your input.

[Cryssiekins 976]

4 hours ago, mindthegap said:

I dunno...I think mine grew back once

I actually burst out laughing at this.

 

4 hours ago, patrio said:

The only people that believe me are my friends, that know me, but i understand your point. That pencil had cherry taste and i was already more drunk then i can explain.

 

I actually went to do the test with no worries, couldn't even explain in the first moment why the test came back positive.

 

But thank you for your input.

 

My husband (USC) lost a job for testing positive for marijuana.  He does NOT smoke marijuana.  We are very open and honest, and he knows I wouldn’t care if he did do it, so I know he was being 100% truthful with me.  There’s just no avenue to

contest the results, even when a mistake is made.  I feel for you bc I know firsthand that mistakes are made in those tests.

[SusieQQQ 11,586]

17 minutes ago, Cryssiekins said:

There’s just no avenue to contest the results, even when a mistake is made.  I feel for you bc I know firsthand that mistakes are made in those tests.

OP didn't say the test was a mistake. He said he didn't realize what he was smoking.

[Cryssiekins 976]

1 minute ago, SusieQQQ said:

OP didn't say the test was a mistake. He said he didn't realize what he was smoking.

Oh.  I totally misread that.