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

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?)

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. 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 to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. 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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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