QUESTION

I was charged with possesion of marijuana under 30 grams and the deported for 10 years after the 10 years can i get a visitors visa??

Asked on Jan 29th, 2018 on Immigration - Iowa
More details to this question:
I was born in mexico taken to ths US when i was 6 and did all of school there finished my High School and have 2 children in the US i was charged by with possesion of marijuana under 30 grams and deported with 10 year ban now i want to go back to the US
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1 ANSWER

Immigration and Naturalization Attorney serving New York, NY at The Law Offices of Grinberg & Segal, PLLC
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A lot depends on whether that charge resulted in a conviction for the same. If it did, you will need a waiver since this type of inadmissibility does not go away with time. Hence, no need to wait for ten years to lapse. If you have an immigrant avenue to pursue, you will need a waiver under INA 212(h). It is filed for on USCIS form I-601 after the visa rejection. You will also need to seek permission to reenter after deportation. It is filed for on USCIS form I-212 and could be filed simultaneously with the I-601 and on the same grounds - extreme hardship to a qualifying relative. If you need to travel here as a nonimmigrant and do not run into immigrant intent obstacle, you can seek a nonimmigrant visa waiver. This waiver is filed for at the consulate on USCIS form I-192 and is liberally granted based on need to travel. For more information, read here: http://myattorneyusa.com/inadmissibility-for-criminal-and-related-grounds#A(2).%20Offenses%20Involving%20Controlled%20Substances   You should consult with an immigration lawyer about your situation before undertaking any steps forward. 
Answered on Feb 09th, 2018 at 8:42 AM

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