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The 100 000 000 billionth guy wanting to know whether his criminal record will come in the way of applying for a US student visa

Asked over 2 years ago - San Diego, CA

Hello there, from South Africa,

less than a year ago -just after my 18th birthday- I was found by police to be carrying a marijuana cigarette on me. Im gonna skip what would usually be expected to follow after that had been said, but yeah, I pretty much regret it.

I got a charge of possession on my record because I paid the 'fine'.

Now, recently I have decided I wanna apply for a f-1 visa, to go and study in the states.

Now I know each interview at the embassy is a case on it's own, but how harshly would this über hick-up affect my apllication?

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Attorney answers (1)

Elaine Carol Schneider

Reputation Level 12

Answered over 2 years ago. Immigration Attorney in Minneapolis, MN.

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A drug abuser (not discussing traffickers, dealers ,addicts /junkies, etc.) as we are talking possession of one marijuana cigaratte-- there is a waiver for simple possession of less than thirty grams of marijuana under limited
circumstances. It would be a good idea to present "rehabilitation" and/or "non-drug use" classes that you attended after this and current non-use. How harshly the above offense would affect your application will depend on the official who you are sitting in front of for your interview, and the documents you present. How the offense and rehabilitation papers read and are presented. This is life. It can depend a lot on "who you get."

This is probably the waiver you will be requesting:
INA 212(a)(2) (b) Small amount of drugs for personal use
You may need to request additional paperwork as part of your application.
You may as well try.
Good Luck.

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