I485 approved without I-601 waiver -- Please advice

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sana784

New Member
I had a misdemeanour marijuana conviction (two joints weighing approx 5 grams) after I filed for LPR based on marriage to a USC. I had to pay $500 fine and do 2 years unsupervised probation. The conviction was vacated and dismissed after I completed probation.

When I went for the interview, the IO asked for original court documents. I sent the requested info and CIS approved my I-485 without requiring me to file a I-601 waiver. I just received a notice that my card production has been ordered.

A few days later and after my I-485 was approved, my lawyer got all arrest and conviction records expunged. The judge ordered all concerned law enforcment agencies including the FBI CJIS to file sworn affadavits to reflect destruction of all records showing arrest/conviction within thirty days.

My question is - Am I still inadmissible? If I travel outside the country, will I have trouble getting back in? Should I still file the I-601? Is it possible that CIS approved my case by mistake and that I may still have problems for naturalization or travel outside the US? Please advise !!!!
 
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Because you paid a fine and got probation, it counts as a conviction for immigration purposes and expungment will not remove it from USCIS records.

However, I think the quantity of marijuana you were caught with is small enough that you wouldn't need a waiver to be approved. But I'm not sure of the exact weight cutoff, so check a lawyer to be sure, or maybe another poster will post a link to the statute. Still, given that USCIS obviously knew about the offense and still granted the green card, at this point you are not inadmissible, although you may still have to go through secondary inspection for additional questioning when reentering the US if the officer sees the offense on the screen -- this happens to people who were just arrested without any kind of probation or conviction at all, so you should expect that it might happen to you, and make sure that you allow at least 2 hours between connecting flights if you have to change flights in the US when coming from abroad.
 
Just so as to update everyone in the forum...

My I-485 was approved in August 2009. USCIS did not even require me to file a I-601. I just submitted documents from the court stating that my conviction involved marijuana less than 30 grams. I never had any issues travelling ouside the country. I have travelled several times and was never stopped at the borders.

If you are going through a similar situation, I'd say be completely candid with the USCIS and follow their instructions. I did not hire a lawyer for financial reasons. And I did my entire immigration application by myself. You can do it too - by paying close attention to information that is detailed at www . uscis . gov
 
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