Legal Question in Immigration Law in Texas

I was arrested and a got a class B misdemeanor for possession of marijuana; < 2 ounces in 2008 while in school. I got it dismissed after a plea bargain. I graduated in 2009 and have been consulting since then. I later got a Non-disclosure approved. My H1 was just approved and I need to go back to have it stamped in my home country.Am I still admissible into the US? Will this affect the process? Any solutions from legal experience or interpretation. Thank you for the insight

Asked on 7/20/12, 2:57 pm

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation


You may be inadmissible and should not leave. However, if you have to leave, you could do a Waiver to return.

Waiver of Inadmissibility

A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents. 


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Answered on 8/08/12, 7:17 am

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