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.
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.
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