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Campanita

Help! Marijuana Conviction - Inadmissable?

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Here is situation: Husband is permanent resident of US (4 years). 9 months ago he was convicted of a first time simple marijuana possession (less than 30 grams), no jail time, 3 years unsupervised probation. We live in 9th Circuit District. He was told by attorney he could travel back to his home country, which he did. He is now coming back and I suspect the attorney was mistaken and he is going to have trouble upon arrival at the airport.

My confusion: Is he inadmissable or not, I cant figure it out and i dont have $2000 to get another lawyers opinon. If he is inadmissable, can he apply for waiver on the spot (he has not been in the country more than 7 years)? OR IS he admissable because his convicted crime was punishable by less than 1 year, etc.: See Exeception clause below and if you know the answer PLEASE HELP. I am worried, as you can imagine.

INA § 212(a)(2)(A)(i)(II)

(II) a violation of relating to a controlled substance is inadmissible.

(ii) Exception Clause

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Edited by Campanita

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Filed: Other Timeline

If your husband were to apply for a green card, he would be inadmissible indeed. However, since he is a resident already, this won't become an issue until he applies for citizenship which, in his situation, should be put on the backburner for a few years. He won't have any issue coming back home at all.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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