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Does an arrest of possesion of marihuana in 1997 affect my husband's interview with inmigration?

Katy, TX |

He was 17 years old when it happened, arrested and released after 5 days but he does not remember if they gave him some paperwork or if he was guilty or not. Does he has to mention this incident?if so Does he has to bring that paperwork to the interview?Finger prints were taken. He is 34 now and never got in trouble ever since. Is possible that is still in his record? Thank you!

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Attorney answers 3

Best Answer
Posted

It could pose a problem. The answer will depend upon more information regarding the outcome of the criminal case. He must disclose the arrest. He actually should have already disclosed the arrest on his application. He will also need to submit a certified copy of the certificate of disposition. This can be obtained from the criminal court where his case was adjudicated. You should strongly consider retaining an experienced immigration attorney to review the matter.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Asker

Posted

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

Posted

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.

Asker

Posted

Thank you for your answer

Posted

Depends how much of marihuana and when in 1997.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

It was a small bag $20 worth just for him and his friend cigar but it was just for personal use not for sale or anything like that.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

if it was less that 30 gram, he is fine.

Posted

If he can't remember the court where he was charged (some people have horrible memories when it comes to things like this), he can always do an FBI records request. That is easy, inexpensive and usually pretty fast - it should give him the appropriate information of what court to look to in order to obtain certified copies of the charging document and final disposition. Good luck.

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