Am I eligible for waivers I-601 and I-212

[notBORNINTHEUSA 0]

Hi,

I am a South African. I grew up in the US from the age of 8 to 26. I was legal and we eventually got the green card when I was 21. I was deported in October 2011 for possession of marijuana(less than 30 grams) and possession of paraphernalia which I unknowingly plead guilty to when I was 21. My mother is a US citizen and so is my wife. Am I eligible for these waivers or any other waiver. I have a ten year ban.

Many thanks.

Matt

[Julie y Pat 67]

You got caught with a joint and five years later they deported you for it? What do you mean by unknowingly plead guilty to?

[jaycali 415]

What paraphanelia?

A deportation for one minor marijuana possession 5 years earlier sounds strange.. If your wife is a US citizen, you sould be eligible to apply for a waiver. Eligibility and approval are two different things though.

Edited June 7, 2012 by jaejayC

[Sandra G. 5,069]

An alien is not removable under INA § 237(a)(2)(B)(i) for “a single offense involving possession for one’s own use of 30 grams or less of marijuana!!!!!

You were deported because of the possession of drug paraphernalia. A conviction for possession drug paraphernalia is a deportable offense and make you inadmissible under section 212(a)(2)(A)(i)(II) of the Act.No waiver available for this offense.

[Adriene H 89]

Ouch

[Julie y Pat 67]

OP hasn't been back since posting, only active for about an hour. Deportation five years after a conviction for possession of drug paraphernalia seems a little heavy handed to me. Being a green card holder from 21 to 26 years old seems to be about five years. Unknowingly pleading guilty to this charge seems to be another way of saying I forgot to mention this on the N-400.

[notBORNINTHEUSA 0]

Hi there,

Sorry I haven't replied. I didn't receive notification for your posts so I assumed there were none. The paraphernalia was a glass pipe with marijuana resin inside. Unknowingly, meaning, I did not know the immigration consequences of my plea. What happened was, after my conviction, I took care of it and paid the fine. When I was 23 I came to South Africa for my brothers wedding. Upon my return to the US, my drug conviction popped up on the DHS computer when going through immigration. They put my passport and green card in a folder and put me in a room for 2 hours without telling me a thing. Finally they sent me back to Utah for an inspection, which was scheduled for 1 month later. They found me inadmissible and gave me a case. No mandatory detention thank god. I fought the case for 2 years trying to vacate my convictions. Didn't work out. They showed up with guns and bullet proof vests, surrounded the house. Put me jail for 3 weeks and shipped me back to South Africa.

This link was helpful, for anyone that might need it: http://www.ilrc.org/files/documents/update_on_ina_212_1.pdf

Any other thoughts?

Thanks

Edited July 12, 2012 by notBORNINTHEUSA

[notBORNINTHEUSA 0]

Has anyone ever heard of someone in my situation getting back to the states? Just seems obsurd to be banned for 10 years without any viable options of return. Please advise!

Thanks

[Noah Lot 391]

'obsurd?'...who got caught with drugs and drug paraphenalia? USCIS? No. You. Our laws (those pesky things that folks from other countries seem to think don't apply to them) have a prescribed penalty for your behavior...case closed, end of story. Our legislators crafted those laws, then passed them. You violated our laws....now, it's time to pay the price. 'Unknowingly'...is a pathetically innaccurate term for someone trying to fob off their own irresponsibility upon some other person or entity or law. Enjoy yourself....outside the United States of America.

[notBORNINTHEUSA 0]

'obsurd?'...who got caught with drugs and drug paraphenalia? USCIS? No. You. Our laws (those pesky things that folks from other countries seem to think don't apply to them) have a prescribed penalty for your behavior...case closed, end of story. Our legislators crafted those laws, then passed them. You violated our laws....now, it's time to pay the price. 'Unknowingly'...is a pathetically innaccurate term for someone trying to fob off their own irresponsibility upon some other person or entity or law. Enjoy yourself....outside the United States of America.

Lol. Did somebody hurt you? Are you just so darn angry that the mexicans stole your construction job? Ex navy? I guarantee you I'm just as "American" as you are BUDDY. Yeah big bad drugs. Who do you think sold me the weed? Yup, an American. You need to find some compassion. Peoples lives are getting seriously ruined while you pine about immigration. What happened to you little guy? Your plight is sad and inhumane.

[Jawaree 718]

Lol. Did somebody hurt you? Are you just so darn angry that the mexicans stole your construction job? Ex navy? I guarantee you I'm just as "American" as you are BUDDY. Yeah big bad drugs. Who do you think sold me the weed? Yup, an American. You need to find some compassion. Peoples lives are getting seriously ruined while you pine about immigration. What happened to you little guy? Your plight is sad and inhumane.

Dude ,yow U just cracked me up......

[ShirahBet 42]

From what I just read, it would require a full presidential or state pardon. I got that from the oltarsh & associates website. They're immigration lawyers out of NYC.

[Shiobhan 235]

Presidential Pardons are not given to ppl living outside the USA (only "Rich" pardoned by Clinton) I am not an atty, so maybe attys have

ways to pull the criminal case then get sentence lowered or set aside, I do know USCIS will still find one deportable if its even probation,

now that would mean U have to hire a criminal atty & waiver atty (mucho dineros). and wait outside the US for 5 yrs since you were

deported B4 tackling petitions for waiver I think......I know a man whose wife was deported and came back after 7 yrs legally, she had paid

someone to marry her prior to knowing him and had a baby by the now husband. This was B4 9/11 & a lot has changed with INS I

understand so in the meantime continue to live,work and save where you are until better days ....good luck

[birdword42 1]

I recommend visiting the website www.immigrate2us.net. Most everyone there is going through the I-601 or I-212 waiver process. You can post your question and see if anyone has any recommendations. From the sound of things, you may unfortunately have to wait for the ten years to pass before you can apply for a waiver. However, with all of the talk of immigration overhaul, there is a possibility that the ban currently applied to your situation might change. Immigration bans are some of the most inhumane parts of current immigration law, particularly when families are kept separated for years. I am currently experiencing this, so I know how you feel. I wish you the very best.