Help! Marijuana Conviction - Inadmissable?

[Campanita 0]

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 April 9, 2010 by Campanita

[Brother Hesekiel 2,236]

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.