Asked on Aug 03rd, 2019 on Immigration - California
More details to this question:
Hello I’m facing an issue to get an F1 visa. U applied 2 times and my applications were rejected under 2 sections 214 , and 212(a)(2)(a)(2). They searched my phone and found a picture of marijuana although it’s legal in my state and I have a recommendation letter. In the picture I wasn’t using it was an old picture and the weed was on my couch. I used to have F1 visa and was studying there for almost 4 years . I just have one more semester to be graduated that’s why am trying to get a new visa. my old visa was canceled at the airport upon the arrival Regards
Unfortunately the issuance of F1 visas is discretionary with US consuls. A section 214 denial is one for lack of nonimmigrant intent while the other is for inadmissibility for either conviction or finding that you have committed an inadmissible criminal offense. Perhaps you can put together a package to overcome the finding of immigrant intent with all evidence of your ties and bonds to the home country and why you will return to your home country following the end of your schooling, and present that in another visa interview with the US consulate or embassy. If you can overcome the question of intent, and if the consular officer still makes a finding of inadmissibility for criminal offense, you can request a waiver to complete your schooling, and it will be up to the consular officer whether to recommend a waiver to the Admissibility Review Office (ARO) of U.S.C.I.S., which will make the ultimate decision. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.