Do I need a waiver????

[MJhawk 0]

I am a Canadian citizen and I'll be marrying my U.S. fiance soon we are applying for adjustment of status.

I have a juvenile record for possession of marijuana when I was 16, do I have to have a waiver for my interview or do you think thats an automatic denial???? Has anyone been in the same situation??

[emt103c 10]

I am not very experienced on this but it depends on how long ago this was and how much you had. With simple possession if it was more than 3 years ago and you were under 18 you could qualify under this exemption:

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

It is always good to consult with an experienced attorney to confirm.

Edited October 31, 2009 by emt103c

[MJhawk 0]

The crime was committed 11 years ago and I was 16.

[Kathryn41 3,205]

spam post removed