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Tharigopla

Attempted possession of Marijuana and pharapernalia

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I am a Indian, non-US Citizen, on H1B visa and my green card is approved and waiting for my priority date which is 2014 December, to kick of the process. I have no previous charges and a first time offender. I was driving back from San Diego after attending a test and on my way back purchased some edibles, cartridge and flower and put it in my backpack. I was stopped at the AZ border patrol and the cop gave me a citation to appear at the Wellton court. I had less than 0.5 ounce and the cops let me drive back home. I contacted a law firm and they have a flat pre-trial fee for $15000 and post trial fee of $5000. These funds are way to expensive and hard to secure it. I am freaking about the stupid mistake I did and any advice is much appreciated. I m worried about m visa status and green card approval. Any ideas and tips are really appreciated.

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You should be worried. Get an attorney, find one you can afford. Sell your car if you have to. You will be required to admit to the arrest on any visa/green card applications; the attorney may prevent a conviction.

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@Tharigopla Your post is not clear. You said that your green card  is APPROVED while you are WAITING (with your 2014 PD). It looks like your i140 is approved and waiting for your PD to be current to file your EB AOS for Green Card.

Your current issue may not be Green Card but your current non-immigration petition H1, on which you need to hang on AT LEAST till your PD is current and AT MOST till your AOS is approved.

The LITTLE fun, in your terms is NOT LITTLE (at least for your current and future immigration situation), As @databit has advised above, sell anything that you have and fix with some reasonably affordable legal representation, I dont think that you can fight alone to at least stay in US for a while. Big lesson ahead. Wishing good luck and please dont repeat mistakes.

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I am stunned.

 

You are a GUEST in the US. You get involved with ILLEGAL DRUGS and are complaining about legal fees. They are just the beginning of your problems.

 

It was NOT a "mistake" but a conscious decision to violate the law.  You deserve the maximum punishment and to be deported and banned for drugs  which is a serious matter for immigration benefits.

 

I hope your employer is also aware of your illegal acts.

 

My advice is to return to your home country where you can do all the drugs you want.

Edited by CEE53147

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1 minute ago, CEE53147 said:

I am stunned.

 

You are a GUEST in the US. You get involved with ILLEGAL DRUGS and are complaining about legal fees. They are just the beginning of your problems.

 

Well, to be precise, weed is legal in San Diego.

 

The problem is that it's illegal on federal level, which of course is what concerns USCIS.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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What is this about "attempted possession"?  You even admit you purchase the items. I think that like many people you believe you have a problem only because you were caught. I suspect this was not your first purchase nor use.

 

You need counseling and rehab.  If you have health insurance, it should be covered to some extent.

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3 minutes ago, CEE53147 said:

What is this about "attempted possession"?  You even admit you purchase the items. I think that like many people you believe you have a problem only because you were caught. I suspect this was not your first purchase nor use.

 

You need counseling and rehab.  If you have health insurance, it should be covered to some extent.

The citation I received from the cops have it has attempted possession. I used marijuana only in California and since I was returning from California after an exam I made the dumbest decision to buy some. I should have thought at least twice when I was doing it. I should have been more resposible... and I regret now. Thanks for your suggestions.

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1 hour ago, Tharigopla said:

Yes I screwed up. Lesson learnt. Costly life changing mistake. 

It's a mistake if done once. 

 

From your verbiage, '..purchased some edibles, cartridge and flower and put it in my backpack..', it sounds as if this ain't the first time, just got caught this time. Got caught doing something illegal from a Federal perspective. H1b folks get sent to medical tests for 'mere' DUIs, possession of a controlled narcotic is a whole different ballgame. 

 

I don't know, perhaps prioritize your health more than a visa or green card?  Maybe around family in India..


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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8 hours ago, WeGuyGal said:

It's a mistake if done once. 

 

From your verbiage, '..purchased some edibles, cartridge and flower and put it in my backpack..', it sounds as if this ain't the first time, just got caught this time. Got caught doing something illegal from a Federal perspective. H1b folks get sent to medical tests for 'mere' DUIs, possession of a controlled narcotic is a whole different ballgame. 

 

I don't know, perhaps prioritize your health more than a visa or green card?  Maybe around family in India..

Weed is not a big deal and it's legal in California. Alcohol is much worse. 

 

OP, you definitely need an immigration lawyer as well, not just a defense attorney. Pleading guilty might be a problem. In the future, only enjoy weed in legal states and don't take it to states with backwards laws 

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48 minutes ago, Orangesapples said:

Weed is not a big deal and it's legal in California. Alcohol is much worse. 

 

OP, you definitely need an immigration lawyer as well, not just a defense attorney. Pleading guilty might be a problem. In the future, only enjoy weed in legal states and don't take it to states with backwards laws 

He said he was caught in AZ. So if he was coming from CA that’s taking illegal drugs across state line. That’s even worse.

 

Better cough up the money for that lawyer and don’t be stupid again and hope he can save your ### or pack your bags. Drugs is a serious matter in America, specifically for immigration. You’re not in India anymore, Toto. 

Edited by TNJ17

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I am no expert on marijuana laws, but you should shop around as that seems like a lot of money.  Talk to an attorney about a plea bargain down to a level that can be dealt with through diversion classes which results in a dismissal of the charges-nowhere near as expensive as a trial.  For visa purposes, you’re left with the arrest to explain but damage control is the first step.  I would talk to more attorneys though.  

 

 

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32 minutes ago, Tharigopla said:

Thanks for all the advice folks. I wish I got this before I did the stupid thing. Will get an attorney and leave the rest to God. I just got married too and it is stressful. Well I take it as a punishment. Screwed my own life:-(

Everyone makes mistake. Some much more costly than others. Just do what you can to better the situation and learn from this experience. Best of luck and hope everything works out for the better for you and your family. 🙏

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