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will we get a green card

will we get a green card

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Old Sep 20th 2011, 1:58 pm
  #1  
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Default will we get a green card

We moved to Florida a few months ago my partner was transferred with his employment on a L-1 visa so we are able to stay for up to 7yrs. We would like to be able to stay on a more permanant basis especially as the children are in education here. Unfortunately 16yrs ago my partner was arrested on a drug procession and was cautioned in the uk this is all been declared for the visa we have with advice and assistants of lawyers. We had to go to the U.S emabassy to obtain Visas ect... and this was all stated there and we were able to get the visas that we have but now we would like to know where we stand if we want to stay longer. As I say this was just a caution but will this stop us getting a green card. As far as I can research if you are caught with a small amount of marijuana you can get a visa waiver but for my Partners caution this does not look available so does this mean we have no chane of obtaining a green card,
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Old Sep 20th 2011, 3:22 pm
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Default Re: will we get a green card

Originally Posted by loggi
We moved to Florida a few months ago my partner was transferred with his employment on a L-1 visa so we are able to stay for up to 7yrs. We would like to be able to stay on a more permanant basis especially as the children are in education here. Unfortunately 16yrs ago my partner was arrested on a drug procession and was cautioned in the uk this is all been declared for the visa we have with advice and assistants of lawyers. We had to go to the U.S emabassy to obtain Visas ect... and this was all stated there and we were able to get the visas that we have but now we would like to know where we stand if we want to stay longer. As I say this was just a caution but will this stop us getting a green card. As far as I can research if you are caught with a small amount of marijuana you can get a visa waiver but for my Partners caution this does not look available so does this mean we have no chane of obtaining a green card,
I'm not sure...the people to ask would be the company lawyers...the company is the one who will begin the adjustment of status (green card) process. You can't do it on your own.

Rene
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Old Sep 20th 2011, 8:12 pm
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Default Re: will we get a green card

Originally Posted by loggi
We moved to Florida a few months ago my partner was transferred with his employment on a L-1 visa so we are able to stay for up to 7yrs. We would like to be able to stay on a more permanant basis especially as the children are in education here. Unfortunately 16yrs ago my partner was arrested on a drug procession and was cautioned in the uk this is all been declared for the visa we have with advice and assistants of lawyers. We had to go to the U.S emabassy to obtain Visas ect... and this was all stated there and we were able to get the visas that we have but now we would like to know where we stand if we want to stay longer. As I say this was just a caution but will this stop us getting a green card. As far as I can research if you are caught with a small amount of marijuana you can get a visa waiver but for my Partners caution this does not look available so does this mean we have no chane of obtaining a green card,
Did the L visa come with a 212(d)(3)(A) waiver notation on it? If not, then the caution didn't impact the nonimmigrant visa application and is unlikely to impact an immigrant visa application either.

A caution is quite different than a conviction.
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Old Sep 20th 2011, 11:12 pm
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Default Re: will we get a green card

Thank you, I have checked his visa and it does not come with the waiver notation on it. Does this give him a better chance of obtaining a green card.
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Old Sep 21st 2011, 1:37 am
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Default Re: will we get a green card

Originally Posted by loggi
Thank you, I have checked his visa and it does not come with the waiver notation on it. Does this give him a better chance of obtaining a green card.
Yes. It means the consular officer reviewed the criminal record and said "meh. A caution? Who cares?".

Of course, you may want to use an attorney to assist in completing future immigration applications because such cases may present a problem and/or complicate things.
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