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Asker
Posted about 2 years ago.

Thanks for responding. He was not send to a court. He was in jail and he saw the judge only in the screen. He was retained for 4 days n they let him go. No criminal court involved, he does not remember going to the court after

Wendy Rebecca Barlow
Wendy Rebecca Barlow, Immigration Attorney - New York, NY
Posted about 2 years ago.

The fact that he does not recall is all the more reason to retain an attorney to help obtain the records. Criminal arrests are always problematic but especially when they involve drugs. There is a limited waiver for simple possession of marijuana.

I am also concerned with whether he disclosed the arrest on his application as this can lead to a finding he committed fraud or material misrepresentation.

It is his burden to establish eligibity for the immigration benefits sought so he must provide the certified certificate of disposition or proof that he was not prosecuted.

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Asker
Posted about 2 years ago.

Thank you for your answer