I'm an F-1 student with an arrest record and a technical status violation about to file as a dependant through my EE eligible Filipino wife.
Arrest context:
- charged in Feb 2018 for possession of drug paraphernalia (marijuana). Pled not guilty with a result of deferred adjudication through probation.
So far so good since para possession isn't even a crime BUT arrest report is very incriminating as it contains a confession of possessing 1 gram marijuana.
Q1. Many say that it's not even an issue since it's now legal but IRRC manual explicitly states that crime is determined at time of offense (when it was still illegal) AND that they can use arrest reports to establish inadmissbility even without a formal charge. It also states that forgiveness of presently legalized crimes don't apply to 36(c) (where marijuana would fall under in 2018).
Wondering if I should submit an admissibility waiver alongside application. Lawyer says no but would love personal experience opinions.
Q2. I had OPT in 2022 and reported a cashier job at a gas station as a "consumer insight analyst intern" to make it related to my degree. Since they share records, it's better to list cashier in the application but wondering if a letter explaining the discrepancy between US SEVIS records and application is a good idea. I've also worked other illegal jobs for cash and wondering if it's a bad idea to report those as well? I've never used my SSN though so there's no evidence.
So technically I've violated my F1 but my records are clean as I since got a masters and also another OPT approved. Am I shooting myself in the foot if I list cash jobs and explicitly admit In a letter that the cashier job was a play to maintain my status? That's misrepresentation and f1 violation but would it count since it's not in Canada?
Any input at all would be greatly appreciated. Thank you.
Arrest context:
- charged in Feb 2018 for possession of drug paraphernalia (marijuana). Pled not guilty with a result of deferred adjudication through probation.
So far so good since para possession isn't even a crime BUT arrest report is very incriminating as it contains a confession of possessing 1 gram marijuana.
Q1. Many say that it's not even an issue since it's now legal but IRRC manual explicitly states that crime is determined at time of offense (when it was still illegal) AND that they can use arrest reports to establish inadmissbility even without a formal charge. It also states that forgiveness of presently legalized crimes don't apply to 36(c) (where marijuana would fall under in 2018).
Wondering if I should submit an admissibility waiver alongside application. Lawyer says no but would love personal experience opinions.
Q2. I had OPT in 2022 and reported a cashier job at a gas station as a "consumer insight analyst intern" to make it related to my degree. Since they share records, it's better to list cashier in the application but wondering if a letter explaining the discrepancy between US SEVIS records and application is a good idea. I've also worked other illegal jobs for cash and wondering if it's a bad idea to report those as well? I've never used my SSN though so there's no evidence.
So technically I've violated my F1 but my records are clean as I since got a masters and also another OPT approved. Am I shooting myself in the foot if I list cash jobs and explicitly admit In a letter that the cashier job was a play to maintain my status? That's misrepresentation and f1 violation but would it count since it's not in Canada?
Any input at all would be greatly appreciated. Thank you.
