Criminal Records, Expungement Can you help me NYClex? Expungement question.

[hope63]

Sorry to bother you but I noticed that you have been very helpful in many posts. I know you're very busy but I was wondering if you could give me some hope.

I live in NJ.

I'm married to a US citizen for 14 years. I was arrested with drugs 16 years ago. Cocaine: 0.7g. I had expungement done, about a year ago and my record is clean now.
I had my fingerprints taken and came back negative.

I just applied for my green card and I'm very very nervous and concerned about the chance of being denied.

What are my chances? What will happen?
Will the expungement help me?
I have applied for GC years ago. I have the I-130 approved but the case was closed.
Please help. I'm so so nervous..... just can't sleep anymore......
I would appreciate any help.

Thanks in advance.

 

[NYClex]

well, since you already have applied, now you can only wait for the USCIS to make a decision. Drug charges are serious and can lead to denial. But not all drug offenses make an alien automatically inadmissible. The fact that the USCIS so far has not refused any of your applications points to the possibility, that the service does not consider your record problematic.

So just hope for the best now and wait. Should it be denied, you would have to consult an immigration attorney to evaluate the situation.

 

[hope63]

Thank you so much for you quick reply.
I've been extremely nervous since I applied for my GC.


I do have an attorney and he said that I have a chance. ( been approved). My record is clean. We checked my fingerprints and just came back negative. As I mentioned before, I had expungement done. My " case" happened 16 years ago. I did not serve any time in the jail.

My attorney also said that the judge would sympathized with my situation.
I've been leaving here for 18 years. I had visa B1 B2 when arrived.
This was my only offense.
I've been married with a citizen for 14 years and have two American children.

I heard that if the crime was committed 15 years before the GC application and with the expungment done my chances are bigger.
I also heard about a law that changed back in 1995 and because this "drug problem" happened before this date ( in 1989) and I could use this to help me.


If I got to the interview and if the immigration officer asks me if I was arrested what i should say?


I applied for GC about 12 years ago and had my I-130 accepted. When they asked me my fingerprints, I didn't reply because I knew it was going to be bad. My case was closed.
But now, my attorney did not send the I-130 . He sent all the forms together, including medical.
And back then, when I applied I said YES that I had been arrested before.

But now, since I have the expungement done, my criminal lawyer said that I could answer NO.

I'm so affraid to have problems during my interview which is far to happen because I just applied.

Sorry for the length of my messages but I have one more question....
Should I aply for waiver now? I heard about i-601.

I just want to know if I have a chance, or a good chance of been accepted.

Would you mind sharing your thoughts and knowledge again?

Thank you so much for your time and attention.
I really appreciated!

 

[hope63]

Hi again NYClex,

I forgot to mention that my attorney said that my case is very unsual and that makes me sooo nersous!!!
I've been spending hours surfing and checking many sites, trying to find something that can help me.

Thanks again.

 

[NYClex]

I understand your nervousness, but I cannot say anything in addition to what your attorney said, He knows the case much better than we here do, so you should trust his judgment.

 

[hope63]

Thanks again NYClex.

Since my attorney told me that my case is "very unusual" I can't think of anything else.
He's a very good attorney but I wanted second opinion and I'm trying to see what else I could do. I'm so affraid of my interview!!!

Thanks again.
I appreciated your attention.