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Non-Immigrant from the Netherlands, working on E-Visa in NYC, charged with possession, pleated guilty to disorderly conduct.

New York, NY |

I was arrested and charged with possesion of controlled substances to the 7th degree (while in the police station the print out with belongings wrote selling of controlled substances and they took pictures and prints?)
Pleated guilty to disorderly conduct, payed court fee, sentence: time served.
I know only the disorderly conduct charge does not make me inadmissible, but on the certificate of disposition it'll say the inital arrest was drugs related.

In two weeks I'll be travelling for three days to Mexico. Upon re-entry: will I be deported? Or refused? Or what can i expect?

Attorney Answers 3


  1. How do you know that disorderly conduct does not make you inadmissible? It is true that it is not a crime under criminal law, but NY conviction of disorderly conduct equals to a misdemeanor under Federal law. I suggest you consult with an attorney in private. Check this out: http://www.uscis.gov/err/M1%20-%20Application%20for%20Temporary%20Protective%20Status/Decisions_Issued_in_2008/Apr022008_28M1244.pdf

    New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.


  2. If your case is closed (meaning you did not receive a Conditional Discharge) it should be sealed and not cause you a problem. If the case is still open and unsealed in theory you could be denied re-entry.... it's up to the Immigration officer. Make sure you bring a Certificate of Disposition with you.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. It will definitely be something that affects anything you do with immigration. You will need an original final disposition. You should speak with an immigration attorney.

    This response does not constitute legal advice or the establishment of an attorney-client relationship. I recommend you meet with an attorney.

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