Scared of AOS rejection due to criminal history

[Centhed 0]

Hello,

 

I entered the US on a tourist visa, got married, and currently waiting for AOS. The case is, when I was 16, I was caught using cannabis, and technically selling small amounts of cannabis to my friends. The Norwegian police simply told me to talk to a counsellor for 3 months, and the case would be removed from all criminal records. However, my immigration lawyer suggests that we include this information in our I-845 AOS application. I am terrified that this will cause the USCIS to deny my application. 

 

Does anyone here have experience with this scenario? Will they deny my application?

 

All answers are greatly appreciated. 

Thank you

[Chancy 6,243]

15 hours ago, Centhed said:

when I was 16, I was caught using cannabis, and technically selling small amounts of cannabis to my friends. The Norwegian police simply told me to talk to a counsellor for 3 months, and the case would be removed from all criminal records. However, my immigration lawyer suggests that we include this information in our I-845 AOS application. I am terrified that this will cause the USCIS to deny my application.

 

Disclose the info like your lawyer suggested.  The I-485 form instructions require you to disclose "any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world" and "even if the arrest occurred when you were a minor".  It's unlikely that your AOS will be denied because of that case, but even if it is denied, you'll probably qualify for a waiver anyway.  Ask your lawyer about waiver of inadmissibility.  Also, it would be better to be denied for being honest than to be denied because of perjury or misrepresentation, which could lead to deportation and a permanent ban.

 

[Centhed 0]

2 minutes ago, Chancy said:

 

Disclose the info like your lawyer suggested.  The I-485 form instructions require you to disclose "any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world" and "even if the arrest occurred when you were a minor".  It's unlikely that your AOS will be denied because of that case, but even if it is denied, you'll probably qualify for a waiver anyway.  Ask your lawyer about waiver of inadmissibility.  Also, it would be better to be denied for being honest than to be denied because of perjury or misrepresentation, which could lead to deportation and a permanent ban.

 

Thank you so much! This makes me feel a lot better. I will talk to my lawyer and proceed as you suggest. What does a waiver/waiver of inadmissibility mean? Sorry for my ignorance. 

Thank you

[Chancy 6,243]

12 minutes ago, Centhed said:

I will talk to my lawyer and proceed as you suggest. What does a waiver/waiver of inadmissibility mean? Sorry for my ignorance.

 

Feel free to ask questions.  No need to apologize ☺️  Anyway, qualifying for a waiver would allow you to adjust status in the US despite being inadmissible due to criminal grounds.  The complication in your case is that it could be considered drug dealing, even if small scale.  Mitigating factor is that you were 16 at the time.  Has it been 15 years since then?  If so, that would help a lot.

 

Do discuss with your lawyer about waivers.  The relevant one for your case is probably I-601, but I'm not sure.  If your lawyer does not have much experience with waivers, I suggest you consult with one who does.  But not right now.  Hopefully, your I-94 is still valid and you are not yet out of status.  File your I-485 package as soon as you can, making sure to answer everything completely and accurately.  You'll have time to look into waivers after that.

 

[Chancy 6,243]

*** Moved from AOS from K1 Progress Reports to AOS from Work/Student/Tourist Visas -- OP entered with a tourist visa ***

 

[NigeriaorBust 4,087]

 Does your record show that you were selling or only using ?   Selling is a much bigger thing than use 

[Centhed 0]

12 minutes ago, NigeriaorBust said:

 Does your record show that you were selling or only using ?   Selling is a much bigger thing than use 

My criminal record is 100% clear. However, I was charged with selling in addition to using, because I had brought a joint to a friend on two occasions. 

 

Thank you for you answer, Chancy!  Unfortunately I'm 24, so 15 years has not passed. My Attorney said he was sure no problems would arise. However, everywhere online it says any charge regarding distribution of drugs is a big no-go. I guess no-one will no for sure until USCIC makes their decision. Until then, there isn't much I can do but wait and be anxious that they will reject my application..

[Ryan H 3,834]

***Post violating the TOS (condoning/advocating immigration fraud) removed along with posts quoting; Administrative Action taken.***

[Chancy 6,243]

49 minutes ago, Centhed said:

Unfortunately I'm 24, so 15 years has not passed.

 

In that case, you may need to look into waivers based on extreme hardship to a USC relative.  Here's some info from the USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-9-part-b

 

Posts in the Waivers sub-forum may also help -- https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

 

But again, prioritize filing your I-485 package ASAP.  You'll have time later to research waivers.