Legal Question in Immigration Law in New York

In general, once the immigrant petition is filed on behalf of a non US citizen spouse and that spouse decides to adjust the nonimmigrant status to the immigrant status (Green Card), USCIS fill analyze the applicant's criminal record to determine whether that record makes the applicant inadmissible or deportable before approving the adjustment of status application. If USCIS finds that the applicant is inadmissible and/or deportable, a waiver will be necessary.

You should consult with an experienced immigration attorney who will analyze your specific facts and advise you whether there are any immigration related consequences from your arrest/acd. To provide you with a general answer without any additional facts, I can only say that there is one "deportability" exception to a drug related offense, which is possession of 30 grams or less of marijuana. As to "inadmissibility", a waiver is available to an offense involving 30 grams or less of marijuana. Familiarize yourself with the following two statutes and seek advise of counsel. Our firm can be of assistance to you once you decide to move forward with your application:

Section 212(a)(2)(A)(i)(II) of the Act provides that �any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a violation of (or conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.� INA � 212(a)(2)(A)(i)(II).

Section 237(a)(2)(B)(i) of the Act similarly provides that �[a]ny alien who at time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), other than a single offense involving possession for one�s own use of thirty grams or less of marijuana is deportable.� INA � 237(a)(2)(B)(i).

Good Luck,

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