Reentering the U.S. After a Marijuana and Paraphernalia Arrest

[MWCO]

Hi,

I am an international student currently in the state of Iowa on a F-1 student visa.

I got arrested for possession of marijuana and drug paraphernalia a month ago. I was ordered to attend court and the judge ordered me to enter a marijuana diversion program. I am now currently enrolled in the diversion program and from what i know of, i did NOT plead guilty or admitted to any of the charges when i signed the application.

However, the problem that i am worried about is that, i will be heading back to my home country the following week for my summer holidays of 3-months. I am fairly worried that i wouldn't be admissible into the United States once i've left the country. Is that possible? Will my current F-1 visa be affected? Will re-applying for an visa extension be a problem in the future? If i am denied entry, would there be a waiver for that?

Having more or less completed the diversion program, both my possession charges would be dismissed. Having said so, the diversion program stated that they will review my case within 90 days upon completion and giving me a continuance until then and thus, i would stand a good chance of having the charges dismissed before i come back. But the problem still stands, will the immigration officer deny me entry into the United States?

As far as i'm concerned about immigration laws regarding 'conviction', i don't think i was actually convicted and thus, i won't have any immigration issues when i re-enter the country. I've already seen an immigration/criminal lawyer and he said, given the circumstances that i've told him, i wouldn't have any immigration problems, but he also couldn't assure me 100%. Anyone has any advice/thoughts on this matter?

[T53147]

Your arrest is also an issue for immigration.

You needed both criminal and immigration attorneys to assist you. Drug law violations are very serious for immigration processing. Consult with an immigration attorney now.

If you reside in university housing, you may also have a problem depending on the university's policies. They don't want students putting others at risk.

If you intend to continue to do drugs, go home and find another country to visit or study in.

[MWCO]

Is there anyone else that can give me a better answer?

I have checked and confirmed with the court. They told me that even by enrolling in the diversion program, i am not entitled to plead guilty or will ever need to as long as i acquire no new charges within 90 days of the start of the program. Thus saying, the charges will definitely be dismissed and i will have no convictions whatsoever regarding my case.

Am i still under being inadmissible even under these circumstances? Will being 'arrested' be a problem? I have spoken with 2 criminal and immigration attorneys, and they both said as long as there is no conviction, i am not completely, but most certainly in the clear at the port of entry given the circumstances that i have explained to them.

Just wanted more opinions on this matter.

[Mr. Knowitall]

We weren't there when you entered the deal. If you allocute when entering into a diversion program - that is, state on the record the facts sufficient to establish that you are guilty of the charged offense - the USCIS will treat that in the same manner as a conviction. As you were told, being arrested for a drug offense is also a potential issue no matter how it is disposed.

If two immigration lawyers have told you that they don't expect you to have a problem, even before considering that they have a lot more information and details than you've shared here, there's no reason to believe that we can give you a better answer. If you don't trust what your lawyers are telling you, consult other lawyers.

[MWCO]

Thank you for your reply.

Just the clarify things further, i have not at all chose to allocute in any way before entering the diversion program. I was just ordered to complete the diversion program, and that's it. I have read through the diversion program requirements, terms and conditions, and it too didn't state anything about pleading guilty to the charges against me.

But if just getting 'arrested' becomes a potential problem to the immigration officers, what is the proof that they have that i'm guilty of the charges? The charges are also dismissed for that matter. Even so, it could be that i was framed, or wrongly accused and arrested for. It just seems absurd for being inadmissible just because i was 'arrested'. I only did the diversion program so as to get the charges dismissed, not because i have admitted to the charges and pleaded guilty. I think there's a big difference between that. Being arrested does not make one a criminal or a bad person. It just so happens that you were in the wrong situation at the wrong time (if not guilty of course). Just my thoughts on this matter. I'm open to hear anyone's thoughts on this as well, cause it really does not make sense to me.

Just to have a backup plan if all things do go wrong, is it still possible for me to get a United States attorney to assist me if the immigration officers deny me entry? Would i be able to sign a waiver of any sort if so?

[T53147]

In your responses, you seem to acknowledge that you were guilty of possession and were given an easy way out. As an international student, I expect you were warned at the international student orientation that the use of illegal drugs in the US is considered a very serious offense. Use of illegal drugs does make you a "criminal or bad person" in the eyes of many - including the legal system. You were in the wrong situation by your own choice. You will do better if you quit making excuses since you have not appeared to have learned anything based on your posts - other than it is better if you don't get caught. I do hope your arrest was made known to the university so they can be alert for future illegal activity on your part.

There is no waiver that would grant you entry base on what you have stated.

Get an attorney to assist you now. Paying his bill will be the punishment you did not receive from the judge.

[MWCO]

T53147, you seem to have a problem with me of some sort don't you?

Do you think i have not learnt my lessons from this? Do you think i am that type of ignorant and foolish college student out there who would repeat their mistakes over and over again? Clearly your replies are all mainly about, 'don't do drugs, it is stupid and bad for you', 'get out of my damn country if you so wish to do drugs, and do it someplace else'.

I am just merely questioning the legal system regarding cases like this. Was i in anyway giving excuses? I am giving you the information that i have regarding my case, and i am just clarifying what i've read and studied about the laws and legislations. I have already gone through hell to get everything sorted out after my offense. So don't tell me that the judge has given me leniency and let me off easily. Again, you are clearly unaware of the legal system and it's punishments. The diversion program is aimed to assist people with first-time offenses, so that they would be given a second chance, and any additional charges or crimes will not be tolerated after. They know that many normal, educated, and studious people out there who commits the same offense that i have and thus, they want to give them a second chance. If one so chooses to repeat such an offense and get convicted, then you can tell them that they're stupid for repeating their mistakes and serve them right. So don't give me that crap about it now.

I came here to look for LEGAL advise, to learn more about the legal system which in a way i could help and educate other international students or local citizens alike, so that they wouldn't screw up their studies just because of it. Yes, i have made that mistake and never am i going to repeat it again. So don't go posting your petty answers about drugs being an 'oh-so-terrible' thing if you don't even know the person i am. If you are going to judge anyone based on their crimes, evidently you are not fit for a job like this. People here are looking for advise and answers regarding the law, and not you to give them high-school speeches about why drugs are bad.

[alioo]

hello ,, i just wanna now if you did it and re-enter the US or not
because i have problem and i charged with A class misdemeanor and I'm thinking to go back to my home for 1 month but I'm scared that i will not re-enter the US

[raziya]

Consult the criminal defense law firm and immigration attorneys to handle the case.