DACA + Marriage + "expunged" Marijuana conviction = Permanent residency?

[dacapurgatory 2]

1 hour ago, carmel34 said:

Chances are very high that they will find the prior conviction when they do a background check on you.  So the best advice is to come clean in the interview, before they even ask you about it.  In my opinion, being honest and correcting the omission of this important information will be more likely to lead to an approval of your AOS.  They will see an admission of making this mistake as a positive.  A lie on a federal immigration form, signed by you "under penalty of perjury" is a serious problem that you want to do everything you can to fix, and the best way to do that is to admit upfront that you did not include it.  Also take with you all of the court records to show how these cases were resolved.  Good luck with your interview!

Thank you, so it sounds like a non-absolute thing one way or the other, which is good?

 

Do you know if it's advisable to bring my lawyer with or on the phone? I'm not sure what his strategy would be, have a follow up with him tomorrow to go over it 

[Boiler 45,730]

I would have thought your Lawyer would want to attend.

[dacapurgatory 2]

18 minutes ago, Boiler said:

I would have thought your Lawyer would want to attend.

He mentioned he recommends it but it's a bit costly. Phone call is significantly cheaper. Also not sure if it's better strategy to show up ourselves or with an attorney, I -- being naive -- would think going with an attorney might be perceived as "defensive" thus potentially negative?

Edited August 26, 2021 by dacapurgatory

[Boiler 45,730]

You have issues seems quite normal you would want to be represented 

[Cyberfx1024 7,980]

4 hours ago, dacapurgatory said:

Thank you, so it sounds like a non-absolute thing one way or the other, which is good?

 

Do you know if it's advisable to bring my lawyer with or on the phone? I'm not sure what his strategy would be, have a follow up with him tomorrow to go over it 

Yes, you can always bring a lawyer with you to the interview. Many people do this if they use a lawyer from the beginning

 

[dacapurgatory 2]

16 hours ago, Cyberfx1024 said:

Yes, you can always bring a lawyer with you to the interview. Many people do this if they use a lawyer from the beginning

 

Doing so now. Hopefully it ends up being worth it.

 

Another thought I had last night. Say they deny my petition.. Would my DACA at least help me prevent from going into removal of proceedings? I thought DACA-ers were protected, so I'm hoping I can at least have this thought to stay calm throughout all this.

[carmel34 3,645]

4 hours ago, dacapurgatory said:

Another thought I had last night. Say they deny my petition.. Would my DACA at least help me prevent from going into removal of proceedings? I thought DACA-ers were protected, so I'm hoping I can at least have this thought to stay calm throughout all this.

This is a question you should ask your attorney.  DACA is complicated, and case-specific.  Good luck, I hope your AOS gets approved so it's not an issue!

[Pinkrlion 2,724]

23 hours ago, dacapurgatory said:

Doing so now. Hopefully it ends up being worth it.

 

Another thought I had last night. Say they deny my petition.. Would my DACA at least help me prevent from going into removal of proceedings? I thought DACA-ers were protected, so I'm hoping I can at least have this thought to stay calm throughout all this.

You need to also talk to your lawyer about if they will revoke your DACA because of the drug conviction misrepresentation.  

[dacapurgatory 2]

Update:

 

Had my meeting earlier. It went... well? My lawyer came with, and he said we had a really nice guy and I agree, we didn't feel stressed or worried. We gave him the amendments to the application at the onset of the interview and he was appreciative of it.

 

However, he obviously couldn't approve the permanent residency application on the spot due to my situation. The spouse petition, he was able to though. He said it'll likely goto his super visor and their legal team to see how it can proceed.

 

Lawyer said likely I'll have to go the waiver route but who knows, I might get really lucky.

 

Just relieved the words "removal proceedings" never came up.