unclesoul

now i must tell you about a very stupid thing i did:
i have an I-751 in process, app to remove conditions on permanent residency filed in early may.
i got arrested for smoking marijuana in nyc. i was given a desk appearance ticket, no bail no arraignment. my wife's lawyer friend (formerly an nyc public defender; now an nyc defense lawyer) said i will almost certainly get an acd misdemeanor which means a year probation and then both the arrest and conviction will be sealed (although she siad certain govt agencies have access to sealed files and immigration is probably one of them). the officers who arrested me said it wouldn't affect my application but i doubt they know. we were expecting the new 10-yr residents card around october based on most people's processing times. but will i get deported? or my app rejected? i haven't been convicted of anything yet and the court appearance date is very late september. i also have an american wife and child whom i support
p.s. i KNOW it was VERY VERY stupid

S Folinsky

Consult with an immigration lawyer about this. You may be fine, you may not. It depends upon the facts and the specifics of the law.

What were you doing around marijuana when you only have a green card? You have a wife and child.

ian-mstm

I'm not quite as skeptical as Mr. Folinsky... but unless you are called for an interview in association with your I-751, you'll probably get the conditions removed without incident and will receive a 10-year GC.

The issue, though, might rear its head if/when you apply to naturalize. This incident may or may not be a blemish on the 5-year Good Moral Character requirement. If it's an issue, you may need to wait 5 years *after* your probation is finished before being eligible to naturalize. Well, I suppose if you're married to a USC, then it'll be 3 years and not 5 years.


I doubt it. You are a US permanent resident, and I don't believe smoking marijuana is a removable offense. Mind you, I could be wrong... but I don't think I am.

Ian

S Folinsky

I'm not skeptical at all. MJ is a deportable offense with an exception for one conviction of simple possession of less than 30 grams. That is why I said "maybe so, maybe not." And, assuming that this arrest falls within the exception if there is a conviction, OP then will be treading on thin ice.

I did an adjustment once where applicant moved to California to take advantage of now defunct "Lujan" case. The conviction involved an incident while in college. Four friends were in a borrowed car in rural Michigan when one flicked a tobacco cigarette out the window. Cop pulls them over, the car gets searched and the owner had left his baggie of MJ in the glove compartment.

lostlove

Hi:

In addition to what our experts have advised you, make sure you DO NOT leave the US under any circumstances. Seek legal counsel with expertise in criminal and immigration matters.

unclesoul

thanks for all of the advice. i know it was stupid and inconsiderate and such. apparently now that i've looked it up. an ACD is an adjournment in contemplation of dismissal so if i get that which is what the former public defender says is likely, it isn't a conviction but an adjournment, which if i stay out of trouble which believe me, i will, will be dismissed in a year.

S Folinsky

Consult with an attorney conversant in immigration. The term "conviction" is often different for various purposes.

penguinbar

If you need an immigration lawyer in NYC. I recommend Doug Lightman.

[email protected].

penguinbar

www.lightmanlawfirm.com