Arrest leading to VWP overstay, case ultimately dismissed. Ongoing concern?

[caliliving 606]

This is going to be a huge issue as it is all on record.. you had posession of canabis.. i would suggest get married and file the CR1 then hope you get the year ban and a waiver.. so you are looking at alot of time and money.. i would hire a good lawyer and a waiver lawyer as you are from UK. If you need a waiver it is giong to be difficult!!!

[IowacityGuy 152]

I am in same situation as yours.. except i was arrested for simple assualt.my charges have been dropped too. I am pursuing CR1 process.. my lawyer played a major role in my case.. i dont know whats outcome going to be but my lawyers assured me things will be fine. They also mentioned they have seen people coming back to states even with major criminal history. My suggestion for you will be hire an immigration lawyer..

[IowacityGuy 152]

Also, as long as case is dissmed its fine.. major impact is if you get convicted. As long as conviction is not on record you will be fine.

[blest.but.strest 50]

it really depends on what's on the police report. When you will be asked by USCIS if you were in possession, I suggest you tell them the truth but what you tell them will be the deciding factor in the approval of your immigration petition.

Make sure you have a certified copy of the arrest report as well as a certified copy of the court disposition, USCIS will want to see that.

[Loki_Go 126]

IMO you have a double whammy here. You have the arrest that abhatia315 is relating to and you also have a marijuana issue, which pretty much means you were using. Immigration is not stupid and won't accept you were holding it for someone else or any other excuse.

This is far too complicated and you have far too much to risk to try to do this without a good lawyer.

[EvaGold 0]

During December 2014, whilst I was in the USA on the Visa Waiver Program, and as I was travelling to New Orleans, I was illegally stopped and searched in Montague county, Texas. I was arrested and incarcerated with only days left on my Visa, and thus had to overstay in order to quell the legal charges levied against me. Once released, after being incarcerated for four days, I sought legal counsel and commenced my probationary period which involved a weekly check-in by email, delineating my location within the US.

On the 22nd January 2015 my case was dismissed "in the interest of justice", however after having to pay attorney fees and the bond money, myself and my family took a further month to acquire

my return flight, constituting an overstay of less than 180 days. Now, after having got engaged to my then girlfriend, I seek to re-enter in to the USA under a K1 visa so that myself and my fiancé can

marry and start a home and business together, but I am critically aware that it has only been around 18 months since my departure from the USA.

Do you have any advice concerning this situation? Do you anticipate that this could be problematic for me entering in to the USA again so soon? I have a great fear that I could still be living in the

wake of this event, and I'd hate to think that it could limit my ability to spend my life with the one I love.

get good legal council before you apply for anything .