QUESTION

36 year old male from New Zealand wants to visit the U.S. has 2 marijuana possession charges what would be the procedure for him to enter.

Asked on Sep 09th, 2011 on Immigration - Alabama
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1 ANSWER

If you have two prior marijuana possession charges, chances are very high that you will require a non-immigrant waiver in order to enter the U.S. as a visitor. For a variety of different reasons, many foreign nationals find themselves inadmissible to the U.S., includuing prior drug convictions. Inadmissible individuals cannot even enter the U.S. for a short shopping trip or even in-transit to another destination.  Fortunately, however, most inadmissible foreign nationals can overcome their inadmissibility in order to enter the U.S. on a temporary basis by applying for a nonimmigrant waiver pursuant to section 212(d)(3) of the Immigration and Nationality Act ("INA").  You will likley need to apply for a visitor visa and non-immigrantw aiver at the U.S. Consulate.  For info on that process see: http://www.borderimmigrationlawyer.com/form-i-192-nonimmigrant-waiv/ (See section entitled  INA § 212(d)(3)(A)(i) Waivers - Applying for a Nonimmigrant Waiver at a U.S. Consulate) You should consider consulting with an experienced immigration attorney regarding your potential inadmissibility and chances for obtaining a non-immigrant waiver. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Sep 12th, 2011 at 2:52 PM

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