Please help, PR arrested for simple possession AFTER AOS, now time for ROC

[Shaire 0]

Hello to all!

Firstly let me say that this site has really helped us throughout the immigration process and my wife and I appreciate all the effort and knowledge put forward.

We are in a difficult position and are hoping we can get some advice. My wife is the USC and I am Australian. We were married in 12/2009 and received my GC without any problems or an interview on 4/27/2010, which means I am 2 months away from my dead line for my ROC proceedings!! I was regrettably arrested for paraphernalia and marijuana possession (less than 30 grams) AFTER applying for AOS (which as I mentioned went through without a problem), on advice from my lawyer I pleaded guilty to the possession charge, so I could have the paraphernalia charge dropped and be accepted into the Diversion program. Upon completion, the Diversion program allowed me to have the possession charge dismissed and have my arrest sealed. During which I completed a drug assessment and 30 hrs community service that was required for Diversion. So the charge has been dismissed from my record and my arrest sealed. I was under the understanding that completing the diversion program would allow my record to be clean and that I would not have a problem during my ROC proceedings, although now after reading some forums online I am concerned that the fact I have to disclose all the information about my conviction (that has been since dismissed from my record) will put my permanent residence status in jeopardy. I read about the I-601, but I am not sure if that is suitable, as on the first page under "Benefits Category" the only options listed are - Immigrant, AOS, V nonimmigrant, K nonimmigrant, TPS. ROC is not listed there. Is that because I am a permanent resident already? And if it is, what paperwork should I include with my ROC application to make sure my arrest will not affect my permanent residence status?

I know that I have to be completely truthful and open with my arrest and conviction but I was wondering how this could affect my GC or ROC proceedings. I am not sure if an I-601 is suitable for my situation or whether there is more of an appropriate course of action. My wife and I are still very happily married and have established our life here in the States, we really want to put our best case forward so we can remain here and start a family. I am a good person, I love my wife very much, I pay my taxes, and am continuing to participate in community service, and I hope that the USCIS can view this indiscretion for what it was, a simple possession charge that was a mistake, that I have been rehabilitated and do not pose a threat to national security or interests.

Any information/advice would be GREATLY appreciated, I want to make this right.

[milimelo 4,565]

Moving to Removing Conditions forum.

[Shaire 0]

Moving to Removing Conditions forum.

Thank you

[lynJer 7]

Mate, I feel for you.....Im sorry you are going thru all this....Im propably no assistant whatsoever...as I wouldnt have a clue what to do or what form to fill out....

I certainly hope you get someone to help you....

I was told many many years ago that I would be kicked out the Aussie army if I was tested to have been around or using drugs; so from that day on....I have never been near them....not that Im in the Army anymore...

I expect you are already a Permanent Resident and dont think getting a green card for an extra 10 years is going to cause too many issues for them...but, you dont want to have to pay that money to immigration only to be told NO....

Is there such a thing where they can opt out and give you another GC with conditions for another 2 years????

Good Luck....

[Inky 1,111]

Is there such a thing where they can opt out and give you another GC with conditions for another 2 years????

No there is no such thing.

[EmelyNJoel 43]

Here is my simplistic advice.

'Sealed' is NEVER sealed to the actual government itself. Period, end of story.

Explain what happened, explain that it was 'sealed' (this can be verified as well).

Accept the consequences either way.

Don't break the law, life is simpler. Many (most?) people agree pot should be legalized, and it eventually will be. Indulge then.

I'm a little hard line on it because I was a cop in the Air Force.

Black and white is very easy to understand.

Life is rarely black and white, but the laws unfortunately are...

[Shaire 0]

Here is my simplistic advice.

'Sealed' is NEVER sealed to the actual government itself. Period, end of story.

Explain what happened, explain that it was 'sealed' (this can be verified as well).

Accept the consequences either way.

Don't break the law, life is simpler. Many (most?) people agree pot should be legalized, and it eventually will be. Indulge then.

I'm a little hard line on it because I was a cop in the Air Force.

Black and white is very easy to understand.

Life is rarely black and white, but the laws unfortunately are...

Thank you very much for you simplistic advice.

If anyone can help us with immigration advice and IF there is a form or procedure that is suitable for our situation we would really GREATLY APPRECIATE it.

Thanks again.

[Xanax 349]

I am sorry I cannot provide any advice on the actual process, but what I can say is this seems complicated and I would seek the advice of a lawyer to make sure you cover all your bases and get the best advice before it becomes more of an issue.

Edited February 29, 2012 by BrittandDan

[wasabi 4]

I would say your situation is sufficiently complex that you should hire a lawyer.

[Dakine10 5,452]

There is no waiver for this in the I-751. The section labelled "criminal history" in the instructions for the I-751 tells you what specific evidencce to in relation to the crime. This will not affect your removal of conditions.

The reason you need an attorney is that while they won't deny removal of conditions because of a crime, they are allowed to initiate removal proceedings. A single possession of less than 30g is not a deportable offense so in my opinion you should be safe from removal proceedings, but that's just my opinion - which is why you need an attorney.

Also a little quirk, this single offense should not make you removable, but it would make you inadmissible. If that happens, it would mean you couldn't leave the USA safely until after you gain citizenship. Check this with the attorney too, I'm not always completely up to date on recent legal changes, but that's how it should play out.

So to summarize - consult an attorney, but don't lose too much sleep in the mean time.

[Dakine10 5,452]

We were married in 12/2009 and received my GC without any problems or an interview on 4/27/2010, which means I am 2 months away from my dead line for my ROC proceedings!! I was regrettably arrested for paraphernalia and marijuana possession (less than 30 grams) AFTER applying for AOS

Also just to clarify, the crime and arrest both occurred after you filed AOS?

[Deputy Purple 1,294]

Also a little quirk, this single offense should not make you removable, but it would make you inadmissible. If that happens, it would mean you couldn't leave the USA safely until after you gain citizenship. Check this with the attorney too, I'm not always completely up to date on recent legal changes, but that's how it should play out.

How might this incident impact the OP's naturalization?

[Dakine10 5,452]

How might this incident impact the OP's naturalization?

LPR's leaving and reentering the USA are not normally considered a new admission. However if a LPR commits a criminal offense that would make them inadmissible under the INA and then leaves the country, the next entry can be treated as a new admission, which will result in the initiation of removal proceedings.

If you are asking how this will affect his citizenship, I believe this incident delays the ability to apply for naturalization until at least 5 years after the charge was dismissed.

[Shaire 0]

There is no waiver for this in the I-751. The section labelled "criminal history" in the instructions for the I-751 tells you what specific evidencce to in relation to the crime. This will not affect your removal of conditions.

The reason you need an attorney is that while they won't deny removal of conditions because of a crime, they are allowed to initiate removal proceedings. A single possession of less than 30g is not a deportable offense so in my opinion you should be safe from removal proceedings, but that's just my opinion - which is why you need an attorney.

Also a little quirk, this single offense should not make you removable, but it would make you inadmissible. If that happens, it would mean you couldn't leave the USA safely until after you gain citizenship. Check this with the attorney too, I'm not always completely up to date on recent legal changes, but that's how it should play out.

So to summarize - consult an attorney, but don't lose too much sleep in the mean time.

LPR's leaving and reentering the USA are not normally considered a new admission. However if a LPR commits a criminal offense that would make them inadmissible under the INA and then leaves the country, the next entry can be treated as a new admission, which will result in the initiation of removal proceedings.

If you are asking how this will affect his citizenship, I believe this incident delays the ability to apply for naturalization until at least 5 years after the charge was dismissed.

Thank you very much everyone to who offered advice/information and support! Especially Dakine10, you are very knowledgable!!! We really appreciate the information and the little extra piece of mind. The crime and arrest both happened after sending in AOS paperwork, green card came a few months later with no interview. Dakine10 can you tell me how you know that the offense is not a deportable offense, where you read that fact? and any information on inadmissibility? or removal proceedings. If I am ever place in removal proceedings will I have time or the opportunity to file a waiver of inadmissibility or something to that affect to remove my arrest from USCIS' equation BEFORE they deport me or will I have a chance to be in front of a immigration judge?

Although it would be great to not have to consult a lawyer (due to $$$), I can see that it is in our best interest. We have come so far and spent so much money, time and effort, we know it is well worth it in the long run to finish the process properly.

I assume it is a good idea to find a immigration lawyer who specializes in helping clients with criminal records. Should I look for a lawyer in my home state of Ohio or keep my search nationwide? Do anyone have any recommendations for immigration lawyers or firms that specialize in criminal history??

Any other advice anyone has to offer will be gladly taken.

Thanks again

[Dakine10 5,452]

Removability is covered under ACT 237 of the INA. The specific article is below.

(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

Inadmissibility is addressed in ACT 212 (a)

(2)(A)(i)(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

and waivers in ACT 212(h)

(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if ...