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Case Stories
⏳ EB-3 Unskilled Worker Pending - India/International PD N/A
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⏳ **Case Status: Pending**
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F-1 student with approved LC and I-140 through McDonald's EB-3 sponsorship faces potential I-485 complications due to a past drug paraphernalia arrest with deferred adjudication. The applicant is concerned whether an informal confession during arrest and deferred adjudication could constitute a conviction under INA § 101(a)(48)(A). Case is pending with priority date now current.
An OPT holder with an approved EB-3 labor certification and I-140 through a fast food employer is preparing to file I-485. Background includes a prior arrest for possession of drug paraphernalia in Mississippi, which was resolved through deferred adjudication (no guilty plea, probation-based disposition). The applicant's F-1 status was briefly terminated under 2025 enforcement actions targeting students with arrest records, then reinstated. Key legal issue: whether an informal confession in an arrest report, combined with deferred adjudication, satisfies INA § 101(a)(48)(A)'s two-prong conviction definition. Prong 1 requires a formal plea or admission of sufficient facts; Prong 2 requires some form of punishment or restraint. The applicant is also weighing disclosure strategy ahead of the biometrics/interview stage.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1roegpg/will_i485_aos_be_denied_over_not_guilty_plea_and/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Deferred adjudication cases under INA § 101(a)(48)(A) hinge on whether both prongs are met simultaneously. An informal confession to law enforcement in an arrest report generally does not constitute a 'formal admission of sufficient facts to warrant a finding of guilt' in the legal sense — that phrase refers to a specific court proceeding, not a police encounter. However, USCIS adjudicators have discretion, and outcomes vary by field office. Critically: never lie or omit information on immigration forms. Misrepresentation under INA § 212(a)(6)(C) is a permanent bar and far more damaging than the underlying arrest. Applicants in similar situations should obtain a certified court disposition, consult an immigration attorney before the I-485 interview, and disclose the arrest accurately. Drug paraphernalia charges (without a drug trafficking element) typically do not trigger mandatory bars but may require a waiver depending on adjudication outcome.