AOS from OOS. Some guidance please.

[XOF FOX 0]

I have been in the US for a bit over a year out of status from my VWP. I had previously been a student on an F1 and had never had any issues coming or going, be it on a previous J1 visa, the F1, or probably about 5 or 6 VWP visits. My last entry was basically my final hurrah to organize my possessions and life that had been here for several years throughout my visas. Obviously having spent significant years here, I had acquired a lot of possession, including a shared pet. I thought I might sell most of my stuff, or organize getting it into storage to possibly come back with a new visa at some stage. 

 

I had been seeing my current wife on and off for a while, but had zero intention of getting married when I arrived on my last VWP. Due to a few issues, including some financial, I overstayed and went out of status. At the time it made me anxious and sick to my stomach, but the saving grace was that I knew that an adjustment of status was possible through marriage to a USC. Things were getting pretty serious with my GF, and the prospect of us being apart eventually became too much that we were married. I really do want to spend my life with this woman, and I do love her very much. We are a young couple, with a lot to learn, but we are growing together. She is the real and primary reason I am here. 

 

We were married last October and had the marriage made official by our county while I was out of status. I am not concerned at all about proving it is bonafide, as, well, it really is. I doubt there is a question that they could ask that we could not answer, even if we were separated. Again, I also had no intention of marrying upon my legal entry on my last VWP, so i do not fear fraud accusations. I told the DHS officer, who was cool, the truth on my visit, that I was here for a bachelor party, and that I had work out what to do with my property here from my previous visas. He must have been able to see it was only about 3 and a half weeks ago I had departed the US, went home to Australia, then come back with this VWP. Like I said though, no problems. 

 

My main concern is, last summer I was arrested under 'probable cause: narcotics'. Basically what happened was, the police came to the house I was living at that I shared with others, apparently under the impression someone had been selling MDMA out of the house. This was wildly incorrect, and they did not find anything like that. They did however, find some marijuana. As I was the singular person home at the time, they started to question me. At this point I was so dazed by what was happening, and confused as to what was potentially going to happen, I told them I refused to talk or answer any questions until I had a lawyer. They told me if I just told them some stuff, like who it belonged too and where it came from I could avoid it all and not worry about anything legally. Perhaps it was stupid, but I again insisted on a lawyer. I guess I was worried somehow talking and answering their questions would get me into inescapable trouble if I accidentally said the wrong thing. I told them I was 100% happy to answer all of their questions, but I would need a lawyer first. They told me, as I would not cooperate immediately, and did have a current US id, they had to take me in to make sure I didn't have any holds or anything. Quite frankly, the officers involved were pretty damn nice and professional. I gave them zero trouble, and we actually shared a few laughs along the way. I know this sounds crazy, but hey, the situation was crazy. 

 

They took me to the county jail and on the way the officer told me he understood where I was coming from, and if I was to simply answer their questions, i would likely be fine. I took his card. 

In jail they fingerprinted me, booked me, photographed me and put me in the holding cell. During the booking they noted on the top of my form 'ICE CONTACTED'. Honestly, I thought it was all over. Being out of status when it went down, I thought I was totally screwed and was too scared to simply talk to them and answer any of their questions in case they were trying to jam me up or something. I felt fragile. I didn't want to make a mistake and say something stupid that could work against me. I waited for my holds to clear, which I knew they would, as i had never so much as gotten a ticket in the US. My only fear was that someone in an ICE jacket would show up to collect me. They never did. I don't know if this was because I was in a sanctuary city or not, but either way, after a few hours, they released me, no charges, no holds from ICE. The next day I talked to a criminal lawyer and asked him about the situation. Next I took the card of the cop and called him and set up a meeting. I told them I was happy to talk to them, as promised, now that I had talked to a lawyer. I cooperated 100% and was never actually charged or anything. I have no criminal record, simply an arrest record with a single entry with which i was held for a few hours. A little bit later I moved to a new place and have been there since. My wife and my new place will be ready to move into next month. I can't wait.

 

I have never heard a peep from ICE, and my cooperation with the local police led them to treat me actually pretty well and help me out. They were respectful and 100% honest as they promised. These are all good things, comparatively, but of course, I am terrified with the potential chance of being denied for moral turpitude.   

 

Should I be scared? 

I have no intentions of lying on my application at all, and I do believe if INS were to contact the officer I was arrested by (if that's something they do) he would tell them that I was actually quite helpful and gave them no trouble. It was a terrible experience, but it helped me be able to get out of the place I was staying at while my gf (at the time) was still living with her parents. I have checked the box about being arrested, though I have not checked the box in regards to narcotic trafficking or anything, because A: I wasn't arrested, booked, or charged for that, it was simply probable cause, and B: I wasn't doing anything like that, nor were their any indications that I was. One of the reasons I stayed quiet at the time was because I was initially afraid my words, any words, could be twisted to somehow make it look like I was somehow involved in something I wasn't. Also, I am a little worried that I will get in trouble for overstaying, see as the new directives via the executive action indicate that ANY person breaking ANY immigration law is subject to possible detainment and removal. Is this also a reality I could realistically face in today's America? Obviously if I am denied, I could also face a 10 year ban, which would be utterly devastating to our relationship, and me personally. 

 

I am happy to hire an immigration lawyer, but would it be best to do it before I submit the application, or after, while its pending? I don't have a ton of cash to just throw around, but we can afford it. Obviously I have to check the arrested box and also deal with it again on the EAD form. I can easily attach the forms saying I was never charged or anything. Still obviously I have some anxiety due to the nature of the arrest being narcotic related. Will it matter at all it was marijuana and not something truly hardcore? Again, it was probable cause only, not possession or trafficking or a felony or anything. My medical test will show I am not a drug addict or anything like that. I've partied like most, and I like to have a good time, but I am not a junkie or addict. I could pass probably any drug test. 

 

My package is basically assembled after going over the guides from AOS from OOS from this site and includes everything listed, as well as an employment offer letter and several affidavits from private USCs in support of our marriage and in some ways me as a friend, confidant and potentially legitimate member of the community, as well as as much supporting evidence as I could muster. We don't have a lot of pictures, but that's really only because I am just not one of the people that poses for photos often, but I think there is enough other evidence. I also have included a basic explanation of my arrest, detailing it in the simplest terms possible, basically stating it happened, it was for PC, and I cooperated and was never charged or pursued or anything. I expect, and am prepared to explain in more detail at the interview. Will this likely come up? My buddy from Australia also had a pretty quick AOS, interview and EAD card arrival, and he said he was asked roughly 3 or 4 basic and easy questions in the interview. Said it lasted about 10 mins. I know I will get some preferentially treatment for being the spouse of a USC, but any advice would go a long way to help me out. 

 

Thanks in advance. 

 

PS: big ups to this forum. I can not tell you how many nights I spent in bed anxious to the pit of my stomach next to my amazing wife worrying about the future and potentially losing her, only to read and reread so many things from this site to make me feel hopeful and calm and reassured. This truly is a great resource for the US immigrant community. I do believe 99% of us truly seek to do the right and just thing in a crazy and sometimes unjust system. All we want is the ability to strive for our pursuit of happiness. I truly do love this country, as well as my wife. My only dream is to forge my own destiny with the freedom of choice and normalcy that comes with absence of restriction that all my many close American friends enjoy. All I want from the US gov is the ability to be a contributing member of society and take care of my family and myself. I am sure that rings true to many, many, in this forum. If you ever feel alone (I know I do sometimes), just remember, there are others out there too.

 

Despite all our problems, I am truly proud to call this my home, so hopefully we can make it official. Fingers crossed.

 

Keep fighting the good fight! 

Edited March 14, 2017 by lelilulalo

[randomstairs 309]

You are good, mate. If no charges were filed, there was no conviction for immigration purposes. Even if charges had been filed and ultimately dismissed by a court, you would've been fine. As long as you entered no "guilty" nor "nolo contendere" plea (which without the charges and trial you can't do anyways) you're totally fine. Regarding the arrest, it's important to keep as much of documentation as possible. The arrest itself, without any charges, has zero affect on immigration. The only potential issue is documenting it. The USCIS usually takes a certified copy of the police report (officially any non-certified document also is fine). What state do you live in? 

[XOF FOX 0]

anyone else care to offer a point of view?