How to report arrest and tickets in the I-485

[Theapplicant]

Hi everyone,

I'm married to a US citizen and hit a roadblock while working on my forms.


I'm talking about the Criminal Acts and Violations sections


I was in New York four years ago, and two things happened.


I got caught smoking weed ( possession of small amounts) twice over a period of two years and got arrested once.


I went back to New York this year to get the arrest documents and legal documents proving what happened.


Now it's time for me to file for a GC and I'm not sure how to handle it on my application.


Hiring a lawyer is definitely outside of my budget for now so I figured I'd ask here.


Here are the facts.


I received a pink ticket in NYC for possession once


I was arrested for smoking in a public place, taken in a cop car, and fingerprinted.

I was also detained for a few hours.


In both cases, i went to court, and they gave me an ACD.

This is an adjournment in contemplation of dismissal.


I’ve never violated any of those ACDs so they both expired and the case was sealed afterward.


From the bit of research, I’ve done ACDs don’t require a guilty plea.


So I’m wondering how to fix the I-485 correctly.


I appreciate any help you guys can give me.

[SuperVegito17]

You should DEFINITELY get a lawyer.

A lawyer can help you to understand whether an ACD is a “conviction” in the eyes of immigration authorities. Furthermore, drug related crimes are treated differently as opposed to other crimes. So you have to consult a lawyer before things go south.i would sugg3st a lawyer based in New York area as he will be familiar with the criminal procedures there

[Poramin]

You should DEFINITELY get a lawyer.

A lawyer can help you to understand whether an ACD is a “conviction” in the eyes of immigration authorities. Furthermore, drug related crimes are treated differently as opposed to other crimes. So you have to consult a lawyer before things go south.i would sugg3st a lawyer based in New York area as he will be familiar with the criminal procedures there

Unfortunately he said he cannot afford an attorney right now.

An option you should explore is to search for legal advice from immigration advocacy groups. They may have pro bono assistance available.

[Johnny6751]

Hey my friend. There are thousands of advocacy groups that can help you for free. DO IT....BECAUSE THIS IS VERY SERIOUS AND YOU COULD BE PLACED IN REMOVAL PROCEEDINGS.

The definition of “conviction” in immigration is law is broader than the definition of “conviction” in criminal law. Immigration law defines a conviction as: “A formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where: (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, AND (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.”
This definition of “conviction” for immigration purposes can cover some charges or offenses that are not even considered “crimes” in criminal law. Furthermore, even if your charges are dropped because you successfully participated in a program, immigration law might still treat the combination of your plea in court and the court order requiring you to attend a program as a “conviction” for immigration purposes. That “conviction” might make you deportable or unable to get permanent resident status or citizenship.
If you are told that you do not have to plead guilty or admit guilt to any crime, then you probably will not have a “conviction” for immigration purposes. An Adjournment in Contemplation of Dismissal (ACD) in New York law is an example of the kind of result that will not lead to deportability. However, you should be careful about what you do before your case is actually dismissed. Even if you are not deportable, any interaction with the criminal justice system, even an arrest or case not yet dismissed, can give the Department of Homeland Security a reason to scrutinize your application for permanent residence or citizenship more closely, or cause problems when you are trying to travel to and from the United States. Always talk to an immigration attorney to be sure about what to expect, and if possible, avoid traveling or submitting applications to the Department of Homeland Security until your case is actually dismissed.
Even if your case is going to be dismissed and sealed, you may still be at risk for deportation if you pled guilty or admitted that you committed a crime in court and then are ordered into a program, or have an old conviction that makes you deportable. The government might find out about the current plea/admissions of guilt or the old conviction in the following circumstances: (1) When you are in jail or prison, even if only for a short period of time (including if you are imprisoned for a few days as a “sanction” for failure to comply with the rules of your treatment program) (2) If you are returning to the United States from an international trip (3) If you apply for a lawful permanent resident card (greencard) or citizenship (4) If you renew your greencard (5) If you have other interactions with government officials (including police, border agents, and others) If you do not follow the rules of your court-ordered program, the court might send you to jail for a few days (this is a common sanction in drug treatment courts, for example). Many jails permit immigration officials to interview people being held there. You should not answer any questions without your lawyer present, but you can avoid this situation altogether if you comply with the rules of your court-ordered program, so that you are not sent back to jail or prison. Also, before you decide to travel outside the U.S. or submit any immigration/citizenship applications to the government, you should consult with an immigration attorney to find out if you could face deportation or other negative immigration consequences.

My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to LeeSummit's office.
-09/21/20: USCIS confirms they've received RFIE.

[Theapplicant]

Hey my friend. There are thousands of advocacy groups that can help you for free. DO IT....BECAUSE THIS IS VERY SERIOUS AND YOU COULD BE PLACED IN REMOVAL PROCEEDINGS.

Thank you Johnny I didn't know there were advocacy groups that can help me, I'll look into it and see what I can get.


My case was back in 2016 and has been dismissed already and I haven't had any other problems with law enforcement aside from some traffic tickets.

Good luck with your own case I wish you good luck.