Hello everyone, I have a difficult decision to make. I have been in the US on an F1 visa for 5+ years and was recently arrested for possession of a controlled substance. Now, the case will most likely be resolved without a conviction according to my lawyer. I am married to a US citizen and currently planning on applying for a green card. I have to choose whether to adjust status here in the US, or go back to my home country (Italy) and get one through consular processing. My spouse would come back with me. I am worried that staying in the US could potentially mean issues with ICE, as I know arrests can result in problems with nonimmigrant visas. However, I am still in school and my F1 status is intact. On the other hand, I worry that after getting my visa packet at the consulate, CBP might create issues at the border asking about previous arrests/drug use. The police report for my case states that I admitted to using in the past. I am currently in rehab and by the time I am approved I would be 1+ years in complete remission, so I could play that card. I humbly ask what you think would be the best decision in your opinion. Any help is greatly appreciated!
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source https://www.reddit.com/r/immigration/comments/j16ulk/adjustment_of_status_or_consular_processing/