Aos held for review with criminal record

[Frank1420 6]

I had my aos marriage based interview on Nov 4 2016 at the Federal building in L.A. And have not yet heard from uscis at all. Reason I am a bit nervous is because I do have a criminal record. I have been arrested 3 times. 1st possession of nitrous oxide (March 2008) case was rejected by the courthouse. 2nd time same charge (October 2008) went to court completed 15 Na meetings it got dismissed. And last time in late 2011 first offense DUI no accident nor injuries. At the interview I disclosed this information and provided court dispositions for the last two as well as arrest records. Io did not ask details therefore I did not divulged any information other than what he asked which was what years were you arrested and what for. He did not separate us also did not take my ead. And also told me I should go apply for my DL with my ead. Interview itself was smooth my worry is uscis finding me inadmissible or deportable. I have a family to look out for my wife usc and my daughter usc ( 14 months old).

I came here on a tourist visa when I was 11 years old.

Back to my point has anyone overcome something like this and actually obtained a gc?

I did hire a lawyer she says I shouldn't worry, that nitrous oxide is not on any Federal schedule therefore won't be treated as a controlled substance offense. I am just a bit nervous because I haven't received anything and my case status online has not changed from "interview scheduled"

Thanks for taking the time to read my story and any input will be greatly appreciated.

[Anitafeliz 1,133]

if your lawyer told you you are fine what's to worry?

[Frank1420 6]

if your lawyer told you you are fine what's to worry?

I try not to, it's just a bit overwhelming to not know :/

[Mounat 74]

I try not to, it's just a bit overwhelming to not know :/

What were you using the nitrous oxide for? It's considered dual use but along with the DUI, a subjective assessment of moral turpitude may be made. That's the worst case scenario.

Anyway, it's out of your hands now and all you can do is wait for the response from USCIS.

Good luck.

[Frank1420 6]

Pc381b is possession with intent to inhale. A few of my high school acquaintances had balloons along with it. I could have fought it but I was young and naive about immigration consequences. And my DUI(2011)was my last encounter with law enforcement. I hope they take that in consideration. I mean I am not proud About having a criminal record, I guess all I can do is wait.

If anyone has overcome something similar I'd appreciate your input.

[Frank1420 6]

What were you using the nitrous oxide for? It's considered dual use but along with the DUI, a subjective assessment of moral turpitude may be made. That's the worst case scenario.

Anyway, it's out of your hands now and all you can do is wait for the response from USCIS.

Good luck.

Thank you!

[TBoneTX 45,914]

*** Thread is moved from the AOS/Family-Based main forum to the Case Progress subforum. ***

[Villanelle 4,122]

You entered legally as a tourist when you were 11. Not sure how old you are now, but Im guessing its over 18 right? Theres a 5 yr clock. So a person charged with “inadmissibility” can be subject to mandatory detention ---> deportation. But the convictions have to be for certain things and they have to be within 5yrs of your admission to the US (if you were EWI then its when you applied for status) You say you were a legal tourist and 11, so thats why your attny isnt worried about deportation/detention... you are way past the 5yr mark for that. So you shouldnt be either...

Your convictions arent controlled substances- so thats good- because the only waiver for that is for a small amount of marijuana, but like someone said above they can count as moral turpitude. You dont fall under the petty exception because you have more then one, so you will probably have to do a waiver. Your attny should be able to handle this. Do not be discouraged if your case status shows a denied status of some kind, Im not entirely sure how it will show. You should speak to your attny- you are paying them. Ask specifically about the waiver process, if you will be denied and need to pay to appeal and submit it and if that will cost you extra, or if they will simply request you provide it to make a decision on your case. I dont know too much about the actual timeline and submitals of the waiver process during AOS in the states (sorry)... I can just give you general info...

I do know putting together a waiver can take some time to gather stuff together, so do not wait to contact your attny. They may take the position of 'lets not jump the gun' and thats fine and all for them to say- but I would ask them; one DUI and one non controlled substance offense that was still a crime does still fall under 2 offenses for moral turpitude, which needs a waiver for inadmissibility does it not? And see what they say.

They may be waiting to see how USCIS views the nitrous charge since its not a controlled substance its not a drug. Drugs are their own category- so its clearly not in that category. Its a question of is it in the moral category. ?? The charge is possession with intent to inhale- so thats not exactly 'good behavior'... There is no official list of moral crimes or what is moral turpitude. Its roughly defined as "conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general"

Is inhaling chemicals shocking and vile? I dunno. Depends how they see it. So after allll this, I guess like everyone else said, you may just have to wait.. I hope something I said gave you some peace though and maybe a bit of understanding? Hang in there- its going to be ok in the end!

[Frank1420 6]

You entered legally as a tourist when you were 11. Not sure how old you are now, but Im guessing its over 18 right? Theres a 5 yr clock. So a person charged with inadmissibility can be subject to mandatory detention ---> deportation. But the convictions have to be for certain things and they have to be within 5yrs of your admission to the US (if you were EWI then its when you applied for status) You say you were a legal tourist and 11, so thats why your attny isnt worried about deportation/detention... you are way past the 5yr mark for that. So you shouldnt be either...

Your convictions arent controlled substances- so thats good- because the only waiver for that is for a small amount of marijuana, but like someone said above they can count as moral turpitude. You dont fall under the petty exception because you have more then one, so you will probably have to do a waiver. Your attny should be able to handle this. Do not be discouraged if your case status shows a denied status of some kind, Im not entirely sure how it will show. You should speak to your attny- you are paying them. Ask specifically about the waiver process, if you will be denied and need to pay to appeal and submit it and if that will cost you extra, or if they will simply request you provide it to make a decision on your case. I dont know too much about the actual timeline and submitals of the waiver process during AOS in the states (sorry)... I can just give you general info...

I do know putting together a waiver can take some time to gather stuff together, so do not wait to contact your attny. They may take the position of 'lets not jump the gun' and thats fine and all for them to say- but I would ask them; one DUI and one non controlled substance offense that was still a crime does still fall under 2 offenses for moral turpitude, which needs a waiver for inadmissibility does it not? And see what they say.

They may be waiting to see how USCIS views the nitrous charge since its not a controlled substance its not a drug. Drugs are their own category- so its clearly not in that category. Its a question of is it in the moral category. ?? The charge is possession with intent to inhale- so thats not exactly 'good behavior'... There is no official list of moral crimes or what is moral turpitude. Its roughly defined as "conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general"

Is inhaling chemicals shocking and vile? I dunno. Depends how they see it. So after allll this, I guess like everyone else said, you may just have to wait.. I hope something I said gave you some peace though and maybe a bit of understanding? Hang in there- its going to be ok in the end!

Yes I am 27 years old now.

You sound knowledgeable

Yes I am hopeful. My attorney did not think we needed a waiver of any kind but I will run it by her one more time!

Thank you for taking the time to share and educate me on this issue I am now facing.

[Frank1420 6]

Still waiting :/