(Help) Confused - Waivers & Bans 237(a)(2)(b)(i)

[MrsAwakened 7]

The topic in this scenario involves being deported for a crime involving marijuana.

I know there are situations where people get deported and they aren't able to get a waiver.

I understand that if someone has a single possession of 30 grams or less of marijuana they are eligible for a waiver.

That's simple...I get that.

but...

237(a)(2)(b)(i)

"(B)Controlled substances

(i)Conviction

Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.

(ii)Drug abusers and addicts

Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable."

- https://www.law.cornell.edu/uscode/text/8/1227

Let's say someone is deported with a 5, 10, 20 year ban (compared to a permanent ban)

If someone has a 10 year ban for being deported for having 2 separate occasions of possession of 30 grams or less, how does that not give someone the ability to be eligible for a waiver? I'm guessing the 10 year ban without a waiver just means in 10 years, the person wont need a waiver or anything, they can just reapply?

Side note: I once talked to a lawyer who said (I don't know exactly HOW he said it but this is in my own words) the person with 2 can possibly have their case "reopened" and if one of the 2 possessions was longer than x amount of years ago, maybe it can be "taken away". I wrote that terrible but that's what I heard haha Does anyone know anything about this?

----------------------------------------

This is written BEFORE the stuff I quoted above:

(2)Criminal offenses

(A)General crimes

(i)Crimes of moral turpitudeAny alien who—

(I)

is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and

(II)

is convicted of a crime for which a sentence of one year or longer may be imposed,

 is deportable.

(ii)Multiple criminal convictions

Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii)Aggravated felony

Any alien who is convicted of an aggravated felony at any time after admission is deportable.

(iv)High speed flight

Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.

(v)Failure to register as a sex offender

Any alien who is convicted under section 2250 of title 18 is deportable.

(vi)Waiver authorized

Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

- https://www.law.cornell.edu/uscode/text/8/1227

I don't understand the things that are bold/highlighted.

Are they saying that those things listed ARE eligible for a waiver? Or are they saying those things are IF they are pardoned by the President of the United States or the Governor of any of a state? On top of that, are they saying someone with multiple criminal convictions is eligible to get a waiver and not someone who has 2 convictions of possession of 30 grams or less instead of 1? Isn't that "technically" 2 convictions too? I know these are kind of questions that a normal civilian may not be able to answer but these are just the questions in my head. I know they are laws and there is nothing I can do about them but it's still just...really unfortunate. This is an occasion where you wish you were super rich and famous and the President invited you to the White House and you're just like, "Hey man, I need you to pardon someone....you can? Sweeeeet!! *HIGH FIVE*". Okay, I know it's not that easy but some famous people get a lot of stuff handed to them and if it's not handed to them, they can usually pay to get it.

Also, on an old post from 2013, this person was extremely rude to this person asking questions about waivers. I understand where they were coming from but I felt they were out of line. I understand that it's not okay for people to break laws and that America takes drug related crimes very seriously. I appreciate that America has laws to try to protect US citizens and I've even been made fun of for being super serious about following laws (even if it's not illegal, I think about how God would look at it) ...At the same time, if you don't know that person or their situation, you should not be attacking them. No one knows if that person has changed or why they did what they did. If you don't know, it's best to leave the harsh judgement at the door. Even if you DO know, being rude doesn't really help the situation. People come here for advice, not for another mother..

Thanks in advance! I haven't seen any topics on this 237(a)(2)(b)(i) so I'm wondering if there are people out there or people who have helped others. But I will accept any advice.

[NigeriaorBust 4,087]

People with multiple drug related offenses and the others listed are permanently barred from the US. Bars that age off are for overstays and deportations. Fortunately it is nearly impossible to get a pardon for this behavior and that person will not be returning to the US.

[Jawaree 717]

Speak to an atty that specalizes in waivers, crimes involving drugs

fall under moral turpitude is almost impossible to get approval to

file waivers especially by former LPRs, there are loopholes for some

cases best addressed by atty that have reviewed ones paperwork

and total situation, unable to garner that on a DIY forum...Liz Cannon

does free phone consults start there by calling her

[MrsAwakened 7]

People with multiple drug related offenses and the others listed are permanently barred from the US. Bars that age off are for overstays and deportations. Fortunately it is nearly impossible to get a pardon for this behavior and that person will not be returning to the US.

But that's what doesn't make sense though.... multiple drug offenses but with a 10 year bar? That's the opposite of what you're saying.

You're saying there's 1 or the other...

Multiple drug offenses = permanent bar

Bars that age off = Overstays and deportations

But what if it's:

Multiple drug offenses = bar that ages off?

Speak to an atty that specalizes in waivers, crimes involving drugs

fall under moral turpitude is almost impossible to get approval to

file waivers especially by former LPRs, there are loopholes for some

cases best addressed by atty that have reviewed ones paperwork

and total situation, unable to garner that on a DIY forum...Liz Cannon

does free phone consults start there by calling her

I will look into this, thank you...

Edited January 19, 2016 by MrsAwakened