QUESTION
Would a non-immigrant on a student visa be able to adjust status to permanent residency even if he was arrested 2 years ago?
Asked on Dec 17th, 2013 on Immigration - Texas
More details to this question:
He married a U.S. citizen. He was arrested and fined for marijuana use two years ago and he and his spouse have no income and total assets of $5,000.
4 ANSWERS
Adebola O. Asekun
A conviction for possession of marijuana (not sale) less than 30 grams of less will, generally not bar your application for green card, especially as the spouse of a US citizen. The other issue regarding your lack of income can be resolved if you have a friend, co worker or relative to act as a co-sponsor for your I-864 Affidavit of support.
Answered on Dec 23rd, 2013 at 4:53 AM
It would really depend on what the arrest was based on and what the subsequent disposition of that criminal case was.
Answered on Dec 23rd, 2013 at 4:52 AM
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As long as he has only been convicted once for marijuana possession of less than 30 grams, he is still eligible for adjustment of status.
Answered on Dec 19th, 2013 at 10:55 AM
The spouse must have sufficient income, if not: the spouse will need to have a joint sponsor. As for the arrest, it all depends on the conviction, if any.
Answered on Dec 19th, 2013 at 10:55 AM