An Indian student was deported from the US for answering one question.
An Indian student was recently deported from the airport because of one honest answer he didn’t know was considered illegal in the US. San Jose-based immigration attorney Malavika Nandiveljo made a social media post about the experience of the Indian student who had a clean record, no DUI, and no evidence of any illegal action.
But when asked if he had ever used cannabis before, he said yes. “Here’s what many of you don’t quite understand: Legality at the state level means nothing in the immigration context. Under federal law, marijuana is still illegal. As an F-1 student, admitting to using it — even casually, or even just once — can ruin your immigration status,” the attorney said, explaining that while this incident has nothing to do with immigration suppression, it’s nothing new.
Students are told about this during orientation sessions as well, but most of them miss it because they are not paying attention.
“It’s not about morals. It’s about consequences. He didn’t lie. He had no intention of breaking the rules. But he didn’t know the importance of what he was saying. That lack of awareness cost him everything,” Nandiveljo said.
“I have seen parents of students back home living a nightmare as their children in the US get drawn into recreational drugs, waste time, waste money and ultimately lose their future,” the lawyer said.
Although many states have legalized marijuana, under US federal law (Controlled Substances Act), cannabis remains illegal. Immigration is governed by federal law, not state law.Prince Harry has also faced controversy regarding drugs, as he publicly admitted in his memoir Spear that he had used marijuana, cocaine and crack, although his US visa applications specifically ask about past drug use. But he was not deported from the United States after a long legal battle.
