My brother was detained in Texas on his way back to New Jersey from a vacation in Mexico by immigration officers on the grounds that he had two past convictions. One was for possession of drug paraphernalia over 16 years ago and the other for conspiracy to possess a controlled substance over 8 years ago.
The lack of imprisonment is not a relevant factor for immigration. If the convictions qualify as either aggravated felonies or crimes involving moral turpitude, then your brother would require a waiver based on extreme hardship to a United States citizen spouse or child to effectively challenge a removal action under these circumstances. In any case, he should hire a lawyer to look at the relief available to him and give targeted advice to your brother.
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