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2nd time filing + misdemeanor case

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  • 2nd time filing + misdemeanor case

    Hello, I’m hoping somebody can help me. I am a French citizen. I filed my 1st adjustment back in June 2018 (I came here on an ESTA visa). Me and my husband at the time got separated right after the interview. He actually wasn’t present on the day so it was automatically a reason for denial.
    I am bisexual, my current partner is of the same sex. We got married in September 2021.
    We are about to start a new petition but situation has changed. I do have a pending misdemeanor case, it happened I September 2021 (less than an ounce of weed that was not found on me). My goal is to get the case dismissed eventually but the county it happened in is very slow, so it more than likely won’t be resolved for another year or so.
    I did not hire an attorney the 1st time, I was able to file the papers myself thanks to this group. I was awarded work permit and travel doc at the time.
    But now than my situation has changed a lot I have been looking into a lawyer. I had 2 consultations and they are pretty expensive. Something my wife and I cannot afford right now since I don’t have any status. We only have her income right now to survive.
    I was able to find a non profit organization that could file for us but that’s literally all they will do from my understanding.
    I am pretty good at doing research, I understand that I will have to bring a lot of supporting documents.
    My question is
    do you think in my case it’s too risky to do it myself ? I also looked into it and found out I can eventually hire a lawyer to come to the interview, something that will ease my worries but is it really necessary ?
    Thank you for your help.

  • #2
    You need to figure out whether you have a ban for controlled substance violations. If you do, you would need to file I-601 for an immigrant waiver. You can get an immigrant waiver for this ban if you only have a single offense of simple possession of less than 30 grams of *********, and you can show that your US citizen or permanent resident spouse, parent, or child would suffer "extreme hardship" if you can't be in the US.


    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you so much ! I will look into it

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