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marijuana charge while on TN visa

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  • #16
    i'm "amazed" by ali.baba - s/he must have had problems with immigration lawyers to be so angry~

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    • #17
      Do not leave the country without having adjusted status to that of permanent resident - you are eligible to do it as you're married to an USC, and I don't think the marijuana charge makes you inadmissible or deportable - check with an immigration attorney beforehand though.

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      • #18
        Did you enter into a pre trial intervention program? If so and you completed the program you are legally entitled to say you were never convicted of this crime. Only problem I see is that most cds charges over 25 grams are not
        able to be expunged. Therefore, you might have to answer that you were indeed arrested. Also, you can answer you were never convicted either.

        Good luck!

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        • #19
          guest, does it still hold up pretrial diversion programs for drug offenses clearing a conviction record, for INS purposes? And then, you can answer you do not have any ARREST records only after you have expunged it.

          Everyone, take note that these

          CONVICTION and ARREST

          are two separate things. If you are arrested, but not entered a conviction on your behalf (like the case is with pretrial diversion programs) you still have an arrest record (until is expunged 5 years later) that you would need to disclose to INS. This way INS will know of your crime and will try to figure out whether it makes you deportable and/or inadmissible. The sad news is that MOST of the time, you'd be considered by the INS to have been convicted EVEN if your case has been diverted to some pretrial program (there is an exception for first-time drug offenders, but you should check carefully with an attorney about it.)

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          • #20
            Two problems. Drugs and out of status. Everyone seems to want to concentrate on making the drug offense the same as a traffic ticket.

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            • #21
              Guest, do I know you?

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              • #22
                Arrests/Convictions,

                What happens after the 5 years have passed and the record was expunged? Don't you have to report it anyway (say you answer the question "Have you ever been arrested"?), or is it like it never existed?

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                • #23
                  You have to disclose it, even if it expunged, I guess

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