How will my husbands past criminal record affect his Permanent Residence Application? Do we have enough documentation for USCIS?

Asked 10 months ago - Sacramento, CA

I have filed an I-130 for my husband (29) of Trinidad nationality (May 13). I await notice to move forward with the AOS I-864 and DOS-230. When obtaining a PCC in Trinidad it will say "clear" as I believe they only check back to a certain date. Yet, he was charged with "possession of marijuana" in Aug 05. To be truthful & proactive, we obtained an "extract of magistrate's case book" for the specific date of his charge. While given 2 years probation, the doc only list the following: Charge Read to Accused; Prosecution recommends summary trial; Accused elects summary trial, pleads guilty; Facts taken, facts admitted; Sentencing & Determination; Probation Officer's Report Ordered; CE1 to be sent to Min. of Health for destruction. (Does this qualify for Waiver of Inadmissibility?)

Additional information

The amount was under 30 grams. How does applying for a Waiver of Inadmissibility affect processing time of PR Application. Note: I am currently unemployed and pregnant in the US (due in March).

Attorney answers (2)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . If the amount of marijuana was 30 grams or more, he is ineligible to immigrate to the U.S.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Not if the amount of marijuana in question was more than 30 grams.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more

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