Criminal Law Green Card and PBJ on CDS

[MDguy]

Hi All

I moved here in 1996. I'm LPR.
I was arrested in 2000. There were multiple counts, one of them being Dist.
I was 20 years old.

I was found guilty for only simple possession which is a misdemeanor under state law. I got 2 year probation. While sentencing judge pleaded to higher court to not taking action to deport me if I will face such consequences. Saying that it would be a very unusually hard punishment for what I did. His statement is on record.

This was my only run in with the law. I've been clean ever since.

My mom is Citz at this point and I'm getting married to American born Citz this year.

Now the problem: My GC is running out at the end of this year.

Simple drug possession is no longer an aggravated felony. Due to recent developments.

Which only applies ones for single offence.

http://www.ailf.org/lac/clearinghouse_122106_lopezvgonzales.shtml

"Lopez v. Gonzales
Drug Possession is Not an Aggravated Felony
On December 5, 2006, the Supreme Court, in an 8-1 decision, held that drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, are not "aggravated felonies" as defined under INA § 101(a)(43)(B) ("drug trafficking crimes"). Lopez v. Gonzales, No. 05-547, 549 U.S. ___ (2006)
"

So I would seem to be qualifying for removal waiver. BUT, I haven't been in country for 7 years at time of offence. But I've been here over 7 after the fact (which seems to be enough to apply for Citz). But I won't apply for Citz yet. I want to extend my CG and show more time of "good moral".

I consulted an Imm. Attorney who advised me to not apply right away because we need time to show my rehabilitation, good moral etc. And just stay low... dont leave the country.

I don't want to make more of mess and be late to apply for CG...

I got my record expunged. I own a house, pay taxes and have strong ties to the country (mother and wife to be and very big fam.).

Most importantly no more legal issues!!!

My main concern is that 7 year thing…

One more thing… my name is misspelled all over court documents. Not a single court document has my name spelled right. Which makes me guess if it might not pop up at all during screening for CG!?!?!?

Any experts would like to charm in on my situation?

Thanks.

 

[mafioso]

If you where fingerprinted it would come out during your background check even if there was a typo.........typos are common. What was the maximum possible jail time for your offense?

You talked of multiple charges or what ? Give more details about each?

 

[MDguy]

If you where fingerprinted it would come out during your background check even if there was a typo.........typos are common. What was the maximum possible jail time for your offense?

You talked of multiple charges or what ? Give more details about each?

Multiple counts, found guilty only at 1. possession

I got 2 year PBJ.

I don't have 7 year with GC before the offence. What kind of waiver would I be eligible for???

 

[mafioso]

If your offense does not meet the petit offense exception you could be eligible for criminal waiver due to family ties and hardship such actions would cause if you are deported. Your immigration lawyer would examine your family ties to the US and what deportation or removal could do to you and apply for what is best suited in your situation.... It varies from one person to the other. I can't just tell you which is best. But you would need a criminal waiver if you offense does not qualify.