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There is no waiver for more than one charge (straight from INA). Even if it were just one possession charge with less than 30gms it would have to be 15 years ago. I have spoken to many attorneys including pro bono ones and every one of them said that this is a straight out rejection and possible...

just got home from work and found the Order of Disposition in my mailbox. Its weird because on top it after Beaver county and State of Utah vs Haider etc etc it says: Case Number XXXXXXXX Traffic Citation Charges Charge 1- Possession of <1 oz Marijuana Class B Misdemeanor Date:---------...

I requestd it last week and am waiting for it.

Exactly! I didn't plead guilty but pleaded no contest (which is considered pleading guilty) but now I would like to have that plea vacated based on constitutional rights BUT for a case that was 'dismissed' three years ago. I'm not trying for PCR for immigration consequences. All the PCR...

If a case was dismissed after succesful payment of fines, can the Plea be vacated based on violation of Constitutional rights or ineffective counsel? The case was of charges of two counts of possession (Marijuana and Paraphernalia).

Hi, you had posted a reply on my post but I never heard back from you. sorry for the botheration. can you help?

problem is, the lawyers who specialize in PCR I think make the case more complicated than what it is. I hired someone I felt comfortable with and someone who I didn't think was too arrogant/cocky or aggressive. She does not know much about immigration law but I think she knows how to vacate...

Thanks. I have read that part in the past but the problem is I cannot get the waiver since I have two charges : marijuana AND paraphernalis :(((( Is there any waiver for that?

Thanks for helping me with this. The link you sent is helpful. From my understanding it focuses on mandatory detention. Does 5(c) below apply in my case? Does ineffective counsel help for cases prior to Padilla vs ..? 5) CONTROLLED SUBSTANCES convictions or admissions do not trigger mandatory...

Thanks BigJoe5 for taking the time to reply to my post. Yes I was treated under 2(b) as in: with two counts of possession (marijuana and paraphernalia), however, I'm not sure what the amount was since I wasn't the one carrying but I vaguely remember it being between 5-6 grams since while we were...

So basically, the only way I can eliminate chances of me getting arrested right after the interview is to have the case vacated right and then dropped totally? And getting it expunged doesn't really help me I think as the IDP has also said. There is a way to get the FBI fingerprint check but...

Are you saying expunging the records will have no effect? I personally don't think so because I have to admit either way that I got arrested. I cannot lie in my application; I think that is a bigger crime. But I'm not addicted or did not traffic! maybe I didn't mention that myself and two...

I think people can get arrested but not convicted. I just requested the Order of Disposition to see if I was convicted or not. You are correct I cannot get the arrest erased as far as immigration goes. People can get wrongfully arrested right (if you think about it)? Mine is a really weird case...

Also what is SIS or SES? What I got is called Plea in Abeyance which means an order by a court, upon motion of the prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against him nor imposing...

It was in Utah but not with 'probation' basically just I paid the fines in payments dividied into 10 payments and going through drug counseling. I went for counseling but they determined that I'm not even a user so counselling is not needed. If you send me your email I can send you the...

My case of two counts of possession (although I wasn't guilty but was in the wrong place at the wrong time) was dismissed after compliance with the District Attorney's terms for a year. Can I get the record expunged and apply for I-485?

Thanks. We are addressing it on other grounds and not due to immigration consequences. but the District Attorney is saying the case is 'dismissed' and he doesnt think it can be vacated so he wants to know if it is even legal to do so. this is so freaking confusing and such a gray area.

If the case was dismissed and I get my record expunged, will that work? I dont think I can get this vacated since the case was dismissed!

I dont care about manifest injustice. Just care about getting it removed from my records :(

can you PLEASE give me a link which shows the state procedure to do this in Utah?