Hollywood, FL asked in Immigration Law for Florida

Q: Should my 23 yr old nephew go to the green card interview with mom since he was arrested for smoking weed in 12/2017?

He was charged with 5th degree criminal possession of weed (PL 221.10, PL 221.05) in NY for smoking in public while a student. Charges dismissed 02/18 and told his record will be sealed. Will he be barred from getting the green card since he has used MJ within the last 3 yrs? I had a family member who failed the drug test (2001) and had to wait 3 yrs to continue the petition. If he has to wait, the he would lose the child protection status since he would be 26, putting him over 21 when the age formula is applied. His parents are reluctant to continue the petition because they don't really want to come here now (petition took 14+ yrs) since they are close to 50 and are fairly comfortable; they would continue for my nephew's benefit only if he will receive the green card. My nephew's OPT ended and he has since left the U.S. They can have an interview within 3 months if they complete the online application. Please advise. Thanks for your time and help.

Related Topics:
1 Lawyer Answer
Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Any time an individual seeking some type of U.S. immigration benefit has past criminal history, it is wise to bring copies of the criminal case documents to an immigration attorney for analysis. Without seeing those documents and without asking a series of questions, it is impossible to say one way or the other whether the situation you are describing above will pose a problem. Schedule a consultation with a competent, experienced immigration attorney. Some offer online Skype consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.