HELP ME!!! INA 212 Drug crimes

[ssconway]

I am in the US on a TN_NAFTA visa, and am trying to adjust my status. (married USC)

INA 212 seems to have a 0 tolerance for drug crimes.

I have a record in canada involving possession and a small cultivation charge. I got a conditional discharge (was not convicted0. It has since been purged from my record in Canada. However, I am sure it will turn up in the FBI check, and will answer 'yes' to the arrest question. Which basicaly makes me inadmissable.

Is there any way to get a waiver? I know the posession has a max senctenceof 6 mohts, so I'll be OK on that, but there seems to be no hope for the other charge (which occured at the same time)

I am married to a USC and teach at a local college. No criminal record in te USA, and, really none in Canada (discharge was purged).

Is there anything I can do??? Will hiring a lawyer help??

Please, any information?? I'm losing my mind - thinking about losing my family, my job, my home over a minor charge that is not even on my canadain record.....

 

[ageorge]

I am in the US on a TN_NAFTA visa, and am trying to adjust my status. (married USC)

INA 212 seems to have a 0 tolerance for drug crimes.

I have a record in canada involving possession and a small cultivation charge. I got a conditional discharge (was not convicted0. It has since been purged from my record in Canada. However, I am sure it will turn up in the FBI check, and will answer 'yes' to the arrest question. Which basicaly makes me inadmissable.

Is there any way to get a waiver? I know the posession has a max senctenceof 6 mohts, so I'll be OK on that, but there seems to be no hope for the other charge (which occured at the same time)

I am married to a USC and teach at a local college. No criminal record in te USA, and, really none in Canada (discharge was purged).

Is there anything I can do??? Will hiring a lawyer help??

Please, any information?? I'm losing my mind - thinking about losing my family, my job, my home over a minor charge that is not even on my canadain record.....

Dear Ssconway,
Calm down...may not be as much of a problem as it seems to be. Everything will work out!!
If the record has been purged, then why would it show up during the FBI search?
Anyway, Best bet might be to hire a lawyer and ask them if you should mark yes/no to the question on the AOS appl form.
What you could also do is request for an FBI check on your own and see if there are any hits. For more info go to: http://www.fbi.gov/hq/cjisd/fprequest.htm

Personally, I don't think that you should have a problem considering the fact that you were not convicted and whatever records you had have been purged.
But, I am not a lawyer so...Consult a good lawyer before submitting your application!

All the best!

 

[TheRealCanadian]

If the record has been purged, then why would it show up during the FBI search?

It has been purged from Canadian records, not US records. The arrest certainly hasn't been purged, and when it turns up on the FBI check, then they will want to see how the arrest and charge was disposed of. A Conditional Discharge is as good as a conviction for immigration purposes.

See a competent attorney with experience in these matters. I'd suggest Jim Eiss at www.usvisahelp.com.