Visa Holder Arrested with Drugs

**kmammas** · 05-11-2012, 03:44 PM

My niece from Greece is living in my home while she is studying in a local university. She is here with a student visa. A few weeks ago she was arrested with a small amount of marijuana. She has a pending court date. Does not have a conviction at this time and I don't believe she will have a conviction. At the time of the arrest she was fingerprinted. My question is if she goes home to visit her family for the summer, will she have a problem to re enter the US. She has a valid student visa, only an arrest record, no criminal record. She is afraid to go to Greece for the summer. Thanks in advance for your help.

**T53147** · 05-11-2012, 09:25 PM

Drug crimes are very serious for immigration processing. She needs both a criminal defense attorney and an immigration attorney.

You should be concerned about the fact she is involved with drugs while in your home. If she were my family member, she would no longer be welcome and after dealing with her criminal matters be on the first plane home with no hope of being asssited in the future. You do not seem to understand the seriousness of her behavior. Her school will also not be happy to have a student who is involved with illegal drug activity.

**kmammas** · 05-12-2012, 07:59 AM

Yes, you are correct. My initial response was to let her go home. But, I have given her a chance to prove herself, since she is only 18. We do have a criminal lawyer on the case. He does have a court date. She knows that is anything else happens at all, she must return home. She has promised to stop smoking marijuana and says she has not and will not do any other drugs. I feel that I must give her a chance. My concern is that I will be away this summer and I don't want to leave her home alone for two months. I feel that she needs supervision. I would like her to go home to her family until the fall semester starts. She is finishing the spring semester now. I just am not sure if she will be stopped when returning to the US, even though her student visa is valid and she does not have a criminal record (and probably will not), the attorney will also have the arrest record expunged. Would they or could they stop her from re entering the US? Thank you for your reply.

**raziya** · 06-11-2012, 02:41 AM

Well, visa holders believe this means they cannot commit any major crimes, like drug crimes or violating US immigration laws. But even being convicted of minor crimes, and in some cases misdemeanors, can result in deportation and prevent you from returning to the US on any other type of visa for years.