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    mayca52's Avatar
    mayca52 Posts: 4, Reputation: 1
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    #1

    Jan 3, 2013, 01:59 PM
    Does getting arrested for smoking pot and found guilty but only fined bring
    I was arrested for smoking pot while living in a dorm at a university. I am a foreign student. I pleaded guilty and was fined. When applying for a new F1 Visa, I was granted a waiver as follows 212 SMALL D, 3, A, 1, WAIVER OF
    212 A, 2, A, 2 GRANTED

    I have now completed my university studies in Chemical Engineering and Physics.
    I have applied for an OPT but still have not received any information. All that shows is, "adjusting students I-94.

    Will this be a cause for denial for the OPT program?

    Thank you for your reply.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #2

    Jan 3, 2013, 02:07 PM
    What is the OPT program?

    I would guess that the charge was a misdemeanor, not a felony. Does the program disqualify people who have misdemeanors?

    All the numbers in the paperwork probably refer to something - these types of codes vary by jurisdiction. You might want to find out from the court clerk what each code means.

    Often for a first offense on a small amount they charge a fine or impose some other penalty like a class or probationary period and once that condition is satisfied, wipe your record clean. If that's what was done in your case, you have no record and there should be no further consequences because there should be no record anyone could access to disqualify you.

    The only thing I can think of that would likely be an exception to this record being gone would be a high government security clearance where it could come up and be a problem.
    mayca52's Avatar
    mayca52 Posts: 4, Reputation: 1
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    #3

    Jan 3, 2013, 02:29 PM
    Thank you for your answer. The waiver numbers are from the USIS listing. My records were sealed but they are in the US immigration system, guess because of the arrest.
    Any other input? I donīt know if that program disqualifies people with misdemeanors. I tried to look up but canīt come up with anything.
    The OPT is the Practical Training Program that all F-1 visa students can apply for work for one year after graduating from an American university.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #4

    Jan 3, 2013, 02:46 PM
    I think you should call the immigration authorities and ask them to explain what the notice means.

    You should also call your clerk of court and ask them if immigration authorities have access to the record of your court situation. Or contact an immigration attorney and see if you can get an initial consultation. Bring the notice and ask them if you have a problem. Perhaps get a couple of opinions. Many attorneys will meet with you once for free.

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