Is this a conviction for immigration purposes? What are the chances of getting a visa as a nonimmigrant?

Asked over 1 year ago - Cleveland, OH

nonimmigrant F1 .
MM possession of drugs ohio 2012

following my attorney's advise I plead guilty and started a diversion

one week later I realized that this was a mistake by my criminal att so I contacted an immigration att. and he had my criminal att. withdraw the plea

An oral motion to withdraw the plea was made by my criminal att. and granted by the judge, so I exited the program

2 months later the case was dismissed on motion of state. I didn't have to plea to anything. there was no trial or diversion but the case was just dismissed on motion of state.

however the fact the I'd entered diversion and withdrew the plea after it started are on the docket and disposition (didnt complete/violate program)

is this a conviction immigration, chances of getting a visa

Additional information

I left the US and I'm planning on returning, so I need to get a new visa to reenter. I'm asking if this is going to be a reason for inadmissibility.

Attorney answers (4)

  1. Neil Ian Fleischer

    Contributor Level 20


    Lawyers agree

    Answered . Possibly. Did you admit to the essential elements of the crime when originally taking the diversion program? This is complicated and I would suggest hiring an attorney . Also, did the Judge warn you the consequences of taking your plea/ diversion? In Ohio, the judge is required to

    good luck

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more
  2. Philip Alan Eichorn

    Contributor Level 19


    Lawyers agree

    Answered . An MM drug possession usually means the drug in question was marijuana. It also means a very small amount of marijuana. A foreign national cannot be removed or subject to mandatory detention for having been convicted of possession of marijuana of less than 30 g. So long as you don't get another, you should be in decent shape.

  3. Robert Louis Brown


    Contributor Level 19


    Lawyers agree

    Answered . To make a good assessment make an appointment with an immigration attorney bring a copy of the plea agreement. This is too important to guess if has impact.

  4. Carlos E Sandoval

    Contributor Level 14


    Lawyer agrees

    Answered . As long as you did not admit to any of the elements of the crime you should be fine. Contact an immigration attorney to review the record on your behalf.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,786 answers this week

2,893 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,786 answers this week

2,893 attorneys answering