Pretrial diversion before removing conditions. Help!

[Chevy468ci 0]

Hi thank you for taking the time to read my case for evaluation.

Hi there. . I work full time as a service advisor for Chevrolet and have completed some college.

I've been married to my wife who is a USC since July of 2010. I have had my conditional green card since march of 2012 and will expire in March 4th of 2014. Earlier this year I was with a group of friends going out to a show when we were stopped by police and searched. They found a controlled substance on my friend as well as in my vehicle and I was charged with a simple possession of a controlled substance class b.

I spoke with a criminal defense attorney and have been accepted into a diversion program in which I do NOT plead guilty and have not appeared in court but instead I agree to go for treatment for 3 months and do 30 hours of community service. Of which at the end of this period (February 22, 2014) all charges will be dropped and the case will be dismissed. The director of the Adult Diversion program of rhode island stated she could provide a letter for me that states im in compliance and that my charges will be dropped at the end of diversion.

So far I've been doing well in the diversion program. I have about 5 meetings left with the Codac treatment. All tests coming back clean and negative. After that is complete I have to do 2.5 hours of community service per week until February 22nd or 30 hours total before feb 22. My concern is that my green card expires March 4 of 2014, diversion is over in February 22 of 2014. That gives me 9 days to apply for my GC which I don't think will be enough time since I need to apply within a 90 day window before my card expires. However, since the director of diversion stated she can provide a letter that the charges will be dropped, Will this be sufficient enough for immigration to look past this case? and how about expunging the charges? Please advise.

[KayDeeCee 4,896]

~ Moved from AOS from Family Based to Removing Conditions- OP is past AOS phase and will be needing to file for ROC ~

[M613 6]

you will be fine. when sending your ROC package, remember to:

- check "yes" for being arrested on the form;

- send in all relevant certified documents proving all charges were dropped and that you were not convicted. This includes the letter from the Director you mentioned, as well as any certified court docs (usually from the court in your city/county) showing you are not convicted, certified police reports of the incident--everything. Include it all in your package--this will prove that yes, you were arrested, but no, you were not convicted (they look for convictions; if you were arrested, they want to know why). Sending this in your initial package will avoid you getting an RFE asking for all of it--esp when they see the yes box ticked beside the "have you ever been arrested" question on the form.

Remember--this process is to prove you entered the States and the marriage in good faith Congrats getting this all straightened out in the eyes of the law too--it's scary, but it looks like you're taking the right steps to move past this.