QUESTION
How does one go about getting a work visa after being deported from illegal drug activity but was only put on Probation?
Asked on Jul 07th, 2016 on Immigration - South Carolina
More details to this question:
The person was deported based on finding 1 gram of cocaine in their home. When police came into the home and searched the home they had no warrant. The owner of the home was put on probation and did not serve time in jail, because the home was in his name and no-one would own up to who's drugs it was. What does this person need to do to request to come back into the country, if there is anything they can do?
1 ANSWER
Was this person convicted of a crime? The fact that the search was without warrant has no bearing in immigration matters. The adjudicator of an immigration application will not relitigate the criminal case, but rather simply really on the disposition. This person will be subject to a permanent bar to admission if he/she was convicted of possession of cocaine. Depending upon the facts, the consular official could also deternine he/she is inadmissible based upon to reason to believe he/she is a drug trafficker. There is a limited waiver available under INA 212(d)(3) for nonimmigrant visas. There is no waiver for immigrant visas. In addition, this person may need to seek permission to reapply for admission after deportation. I encourage this person to discuss the matter further with an experienced immigration attorney.
Answered on Jul 11th, 2016 at 3:49 AM