Scotsboy

So long story short I got arrested back in 2018 with possession of a class A drug substance. It was a stupid mistake and my first and only time attempting to do it.
I went to court and got absolutely discharged.
While this was going on I got my D1/D2 US visa for my job and went to the embassy and everything was fine.
While I was in port in the US I met my now partner and we are now planning on getting married.
Because of their job I have to move there so we can live together.
Fast forward to now I was researching and seen that you need an ACRO Police Certificate for the immigration process.
I requested a Subject Access Request form and the incident back in 2018 comes up with 1 conviction : Absolute discharge.
I never received a fine or anything as I explained the situation about my job to the judge and he didn't want it affecting my future.
Therefore I think my police ACRO form will say 'no LIVE trace'
I've spent a lot of hours looking online and can't find a proper answer. I called a immigration lawyer to see what their opinion is but its £350 for an hour consultation which is ridiculous.

Just wondering what are my chances of still getting a green card based on my situation.
And/Or if there is anyone who's had a similar experience and willing to share.
I feel really bad on my partner as my stupid mistakes from before I knew them is affecting our future.
Hoping there's someone out there that can point me in the right direction.
I've also been to America 7 times since the incident in 2018 and said on my esta and visa application that I had never been arrested as that's what the court advisors said to do as I was absolutely discharged.
Think I've dug myself a huge hole and I don't see me being able to move there at all.

Thanks in Advance

Pulaski

The only sensible advice at this point is to find yourself an experienced immigration attorney, specifically experienced in handling drug conviction cases, because if you s¢rew your application up you could end up with a permanent ban.

lansbury

You have a drugs conviction. Drugs conviction are not stepped down until 11 years have passed. The actual sentence doesn't change that. You should expect your ACRO to show an active conviction. Not that is makes a difference because the US does not recognize the difference between Trace and No Live Trace, and you would have to declare it anyway.

As Pulaski says with that conviction you need professional help.

lansbury

This is what the Crown Persecution Service says about an absolute discharge.

Scotsboy

Yeah I've read that before but I'm sure I read somewhere that an absolute discharge isn't an actual conviction it is just recorded as one for recording purposes

FlameAura

Not to mention you lied on your ESTA... Big mess... Definitely get legal advice.. you will need it.

SanDiegogirl

So long story short I got arrested back in 2018 with a class A drug substance.

So why did you say on your Esta that you had no arrests?

When you applied for the D1/D2 visa (usually for crew members) did you declare the arrest then?

SanDiegogirl

.... but an absolute discharge does not rule out the fact that you were originally arrested....

Noorah101

Go to www.ailalawyer.com to find an immigration lawyer who will do a less expensive consultation. You have some mess here to clean up before going forward.

Rene

Scotsboy

Thank you all for your advice so far.
Everywhere I read said to not mention the arrest in an esta as it was hardly worth it and it doesn't get checked. At the time I never thought I would be immigrating to the US so it wouldn't affect me in the future. My D1/D2 visa forms were already in progress before it happened and I went to the embassy after my court hearing and after that I didn't see the point in mentioning it because I thought I was in the clear. As you can see a lot of silly mistakes were made. Bare in mind I'm only 21 so this all happened when I was 18.

lansbury

If you hadn't been convicted you couldn't be given a discharge (absolute or conditional). If it is on the PNC it is a conviction.

It is no good being in self denial and clutching at straws. Accept that it is what it is. When you have done that, engage a good immigration lawyer who has experience in these sort of problems and let them advise you and help to overcome the difficulties you will face, if they can do so.

Personally I think the conviction is the least of your problems. You have lied to obtain a visa, your circumstances changed before the visa was issued and you didn't tell them. You have lied on an ESTA and from your comments above deliberately so. You have real problems, which may or may not be resolvable.

Scotsboy

Aha I'm not in denial. I've accepted what's happened and the consequences that comes with it. I'm just looking for a concrete answer or more well informed one from people who have experienced it or are more clued up on the subject than me (I've only started looking since two days ago)

SanDiegogirl

...... you got arrested for being in possession of a Class A substance (heroin, morphine etc) ..... good heavens, what do you consider being worth it to admit too?

Scotsboy

I would say assault, murder, rape, etc. To me drug offences don't fall into the same category as them as they aren't affecting anyone else but yourself

SanDiegogirl

Sorry, but it is not a silly mistake when you deliberately lie when asked on an official form 'have you been arrested' ?