Court dispostion Criminal Record

[Kev101 0]

Hello To All,

                  Iam being sponsored by my mother who is a USC, the petition got approved, and the visa bulletin is current. I'am in the process of sending the paperwork in NVC.

                  I have my court dispositions, and would like to know if this would affect me, my lawyer says "you did not get convicted, but they might not  give a decision right away". If anyone knows how to read court dispositions can you please advise me if I will encounter problems when I go. My paid lawyer said I did not get convicted, but I have different feelings.

 

I have 3 charges on the court dispositions.

 

1. Marijuana

2. Forgery 2nd degree Official Document

3. Obstruct Governmental Administration.

 

 

Marijuana  -

                    Statute -  [ Criminal Possession of Marijuana - 5th Degree , In a Public Place ]

                    Counts - [ 1 ]

                    Severity - [ Misdemeanor ]

                    Inchoate Charge [ Completed ]

 

Forgery 2nd Degree Official Document  - ( Final Disposition )

                                                                      Statute - [ Forgery 2nd Degree Official Document ]

                                                                      Counts [ 1 ]

                                                                      Severity [ Felony ]

                                                                      Inchoate Charge [ Completed ]

                                                                      Disposition [ 2007 - 01 - 16 ; Not Arraigned ]

 

Obstruct Governmental Administration  - ( Final Disposition )

                                                                        Statute - [ Obstruct Governmental Administration - 2nd degree ]

                                                                        Counts [ 1 ]

                                                                        Severity [ Misdemeanor ]

                                                                        Inchoate Charge [ Completed ]

                                                                        Disposition [ 2007 - 01 - 16 Convicted Upon Plea Of Guilty ]

 

          Sentencing  -

                                   Statute [ Obstruct Governmental Administration - 2nd degree ]

                                   Counts [ 1 ]

                                   Severity [ Misdemeanor ]

                                   Inchoate Charge [ Completed ]

                                   Disposition [ 2007 - 01 - 16 ;  ]

                                                       [ Custody/Fine :  30 days / $100 -  Status : Paid In Full ]

 

 

 

That was all in the court disposition... I never went to jail for any of the charges, and for the Obstruct Governmental Administration, I just paid a $100 fine.  If anyone can help, to let me know if there will be a problem at consular interview please reply back.. Like I said my paid lawyer said I didn't get convicted it should not be a problem, but they will ask questions, and might not make the decision the same day.

                                     

 

[Nitas_man 3,100]

The CO makes the decision.  I take it that you do not possess a waiver.

Your main issue in my view is the felony.  No matter what the court said about that charge being caught with a fake green card is far worse than the dope or anything else, which is waiverable.  Fake documents fall under fraud, which falls under moral turpitude, which I believe is not waiverable. 

So as advised before submit your documents, attend your interview, cross your fingers.

[Kev101 0]

1 hour ago, Nitas_man said:

The CO makes the decision.  I take it that you do not possess a waiver.

Your main issue in my view is the felony.  No matter what the court said about that charge being caught with a fake green card is far worse than the dope or anything else, which is waiverable.  Fake documents fall under fraud, which falls under moral turpitude, which I believe is not waiverable. 

So as advised before submit your documents, attend your interview, cross your fingers.

No I do not have a waiver, I think you have to attend the interview first, and then the CO will say if you are eligible for a waiver.

[Nitas_man 3,100]

9 minutes ago, Kev101 said:

No I do not have a waiver, I think you have to attend the interview first, and then the CO will say if you are eligible for a waiver.

That is correct.  Good luck

 

[Kev101 0]

41 minutes ago, Nitas_man said:

That is correct.  Good luck

 

Thank You.

[Boystown 8]

It says right there you have a misdemeanor conviction; even if you just paid a $100 fine, you are found guilty - in court - of a crime. 

 

They will specifically ask about being arrested, cited, or charged in your adjustment application as well as if you are convicted of a crime.  Now, a misdemeanor offense like that probably won't have some massive bearing on your case, but you will need to disclose it in full.  They'll probably take a contextual "overall" view of it: what did you obstruct and how?  Was it related to your document/fraud?  Even if not arraigned, it would raise flags I would imagine. 

 

Drug offenses are seriously frowned upon, but you weren't convicted.

 

 

Either way, I am NOT a lawyer, but I would still recommend getting a copy of the actual charges/filing from the jurisdiction and give them to your atty.  Fraud/misrep to a government official is a big deal to immigration, as is anything drug related.  And you do have a conviction on your record though (thankfully) not for either of the aforementioned situations.  If you're super concerned, talk to an atty about filing a waiver concurrently with your adjustment of status package to speed the process along (meaning you don't have this come up at the interview THEN file for a waiver THEN wait longer).

[Kev101 0]

2 hours ago, Boystown said:

It says right there you have a misdemeanor conviction; even if you just paid a $100 fine, you are found guilty - in court - of a crime. 

 

They will specifically ask about being arrested, cited, or charged in your adjustment application as well as if you are convicted of a crime.  Now, a misdemeanor offense like that probably won't have some massive bearing on your case, but you will need to disclose it in full.  They'll probably take a contextual "overall" view of it: what did you obstruct and how?  Was it related to your document/fraud?  Even if not arraigned, it would raise flags I would imagine. 

 

Drug offenses are seriously frowned upon, but you weren't convicted.

 

 

Either way, I am NOT a lawyer, but I would still recommend getting a copy of the actual charges/filing from the jurisdiction and give them to your atty.  Fraud/misrep to a government official is a big deal to immigration, as is anything drug related.  And you do have a conviction on your record though (thankfully) not for either of the aforementioned situations.  If you're super concerned, talk to an atty about filing a waiver concurrently with your adjustment of status package to speed the process along (meaning you don't have this come up at the interview THEN file for a waiver THEN wait longer).

Thank you for your post.. My attorney got all of the original court dispositions, she looked it over and made copies of it... she will be sending it to nvc.. before I ask for a waiver I need to go to the interview first and see what the C O will say. I never misrep to a government official, the police stopped me for no reason, i admitted I had marijuana .. they looked through my pockets then wallet, and found the document.

Edited September 3, 2019 by Kev101
Forgot to say something

[Kev101 0]

On 9/3/2019 at 6:04 PM, Boystown said:

It says right there you have a misdemeanor conviction; even if you just paid a $100 fine, you are found guilty - in court - of a crime. 

 

They will specifically ask about being arrested, cited, or charged in your adjustment application as well as if you are convicted of a crime.  Now, a misdemeanor offense like that probably won't have some massive bearing on your case, but you will need to disclose it in full.  They'll probably take a contextual "overall" view of it: what did you obstruct and how?  Was it related to your document/fraud?  Even if not arraigned, it would raise flags I would imagine. 

 

Drug offenses are seriously frowned upon, but you weren't convicted.

 

 

Either way, I am NOT a lawyer, but I would still recommend getting a copy of the actual charges/filing from the jurisdiction and give them to your atty.  Fraud/misrep to a government official is a big deal to immigration, as is anything drug related.  And you do have a conviction on your record though (thankfully) not for either of the aforementioned situations.  If you're super concerned, talk to an atty about filing a waiver concurrently with your adjustment of status package to speed the process along (meaning you don't have this come up at the interview THEN file for a waiver THEN wait longer).

Hello there, I looked back at this comment.. and I had a question.. how do you know I was not convicted of the marijuana charge ? Is it because it did not have a final disposition.. it did not say convicted or because it says "inchoate charge - completed " ? The reason why I'm asking is I want to know just by having that charge on my record even if not ocnvicted .. will it make me inadmissable ?