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  • help-denied!

    After being married to a US citizens and having a pending ap for permenent residency for 4.5 years (working here, etc. the entire time, I have been denied for three marijuana possession charges years ago in England. US law waives on conviction up to 30 grams, i have 3 totalling less than that - all minor charges. What can be done? I am running out of time for appeal, and am unsure what to do.

  • #2
    After being married to a US citizens and having a pending ap for permenent residency for 4.5 years (working here, etc. the entire time, I have been denied for three marijuana possession charges years ago in England. US law waives on conviction up to 30 grams, i have 3 totalling less than that - all minor charges. What can be done? I am running out of time for appeal, and am unsure what to do.

    Comment


    • #3
      A waiver may be available for removability on criminal grounds under Section 212(h). This waiver is for a one-time violation involving the possession of >30 grams of marijuana for personal use. In your case, you state that there have been three such incidents. An alien is eligible for a waiver under section 212(h)(1)(a) if the crime was committed 15 years prior to the date of application for admission or adjustment, if I am not mistaken. Would that be the case?

      A waiver is also available under Section 212(h)(1)(b), if the alien is a spouse, parent or child of a USC or LPR and if denial of admission or adjustment would cause extreme hardship to the relative.
      I'd suggest securing the assistance of an immigration attorney familiar with 212 waivers. In my opinion, it seems your only option would be to seek a waiver under INA Section 212(h)(1)(b), in which case you'd need to demonstrate extreme hardship to your spouse.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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