Best plan of attack for denied I485 because of 2 charges for possessing marijuana almost 40 years ago in Canada.

Hi - our office deals with many cases involving controlled substance offenses.  There's something I'm not clear on.  Your post mentions "charges".  Charges by themselves are not enough to make a non-citizen inadmissible.  The language of the statute applies to a non-citizen who is "convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of" a controlled substance offense.  Would you kindly clarify if the charges actually resulted in a controlled substance conviction. Also, as a former INS prosecutor, I'm not familiar with a waiver for twocontrolled substance offenses.  A waiver does exist for a controlled substance conviction involving "a single offense of simple possession of 30 grams or less of marijuana". Your case is really tricky.  I recommend consulting with an experienced immigration lawyer who can analyze your Canadian law enforcement history and carefully consider your options. Let us know if we can help. Daniel Shanfield http://www.immigration-defense.com/ (408) 275-6565 This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.