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Thread: Need Advice. Pre-Trial Diversion Program.

  1. #1
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    Need Advice. Pre-Trial Diversion Program.

    So my husband & I are in the process of getting his green card. We've submitted paperwork already.
    But he had an arrest for possession of marijuana in 2010. It was under 30 grams so he would be eligible to file a waiver.
    But we aren't sure if he needs one because we think he did a pre-trial diversion program.
    We know that it was dismissed. He took a drug education course & did community service but he doesn't remember if he entered a plea.
    If he entered a plea then we need the waiver but if he didn't & it was a pre-trial diversion program then we need the documents to show that to USCIS when we have our interview.
    This is where we are stuck.
    We've called the county where he was arrested & they tell us that they don't know & that they've sent us all of his documents relating to the arrest.
    But we've shown the paperwork to two separate lawyers & they've both said that there should be more.
    We've called so many places & no one is giving us answers.
    The criminal attorney who worked the case for my husband could probably give us some answers but he's obviously washed his hands of it because he won't answer our calls & when we text his only response is, "It was dismissed."
    Who else can we try to contact to figure this out?

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    Rather than calling the county court, why not go there personally and give the court clerk the case number and ask to review the case file. They're obliged to provide it. This file would have every little minor details of the case including initial criminal complaint filed by the police, any warrants issued, court appearance notices, plea bargains and the transcript of what was said & done in front of the judge.Then you can have certified copies of the entire case file from the court at the spot.

    Most attorneys keep their case records roughly around 5-7 years.

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  4. #3
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    Because it's in a whole different city but by the looks of it we're just going to have to take a road trip soon.
    We've already requested his entire file twice but I guess we don't have many other options right now.
    We finally spoke to the criminal attorney who worked the case & he told us that there was no pre-trial diversion program but also no plea was entered.
    He said they never went to trial & that my husband simply did community service & a drug education course & it was dismissed.
    I'm so confused. Our immigration lawyer told us it could only be one or the other but this guy is saying it was neither.
    So what would that even mean?
    On the documents that we have from the clerk's office it states that it was dismissed & the reason was checked as "other" with "community service & drug course completed" written next to it.
    I'm really hoping that this wasn't a conviction & we won't have to file a waiver, I just don't know how we're going to prove it.
    According to the immigration lawyers we've spoken to the documents we have aren't enough proof of a conviction or not.

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