Permanent Residence Denied :( Part 2?
Question by Stefania: permanent residence denied 🙁 part 2?
Hello, I just received a letter from immigration services. My application of permanent residence has been denied. The letter says there is no appeal with this decision.
I am denied because of the following reason, on november 2010 i got charged with possesion of drug paraphernalia. I have been accepted into a Pre-trial diversion program on april 27 2011, since april 27th i have been going to groups, a treatment program and have done community hours. I am going to complete this successfully. In the arrest report says that I had admitted to the crime and I apologized for lying. And it tested positive for cocaine.
They knew about this but I haven’t complete it yet, so they did not receive any further information since the requested arrest report and the attachment of the pretrial diversion copy.
I will not be charged with this if i will complete this.
They have sent me a motion to reopen and reconcider, do I have a chance to stay in the United States or will I be deported?
The letter says based on the foregoing, you are inadmissible to the United States pursuant to section 212 (a) (2) (A) (i) (II). No waiver is available to you under section 212 (h) of the Act since this waiver only pertains to cases involving a single offense of possession of 30 grams or less of marijuana.
” Any alien of, or who admits having committed, or who admits committing acts which constitute the essential elements of….. a violation of ( or a conspiracy or attempt to violate) any law or regulation of a State, the United states, or a foreign country relating to controlled substance ( as defined in section 102 of the Controlled substances Act (21 U.S.C. 802), is inadmissible. ”
As you are inadmissible to the United States pursuant to sections 212 (a) (2) (A) (i) (II) of the Act, and no waiver or exception are available to you, your application for adjustment of status is denied.
I have a son and my daughter will be born in may. I am married for 5 years now. I really hope that there is another way to fight this. Please help I really need your help, I know what I did shouldn’t happen at all and I regret this so much.
In awaiting of your response.
Best answer:
Answer by Uncle
get an Aila Lawyer for a legal opinion ASAP
Know better? Leave your own answer in the comments!
More Possession Of Cocaine Information…
When I answered to this in your part 1 a few days ago and mentioned that you didn’t have over 30 grams of marijuana on you, I assumed that you could submit a waiver. However, I overlooked this “And it tested positive for cocaine.”
The way I understand this, you are indeed inadmissible for life now with no waiver available. You can try to fight this by consulting a competent immigration attorney, but you’re looking at at least $ 10,000 in attorney’s fees and little hope of success. You might want to spend the money on moving to your home country with your husband and children instead. Uncle Sam has zero tolerance when it comes to drugs and prostitution, and it looks like you really screwed up here by getting involved with cocaine.
Don’t get me wrong; I was twenty years old in 1977 when cocaine was readily available at about every party in Europe***, but that was 35 years ago in a galaxy far, far away, and none of this matters now and here. Frankly, I would just call two or three immigration specialists and ask for a free consultation. If any of those gives you hope to fight this, ask on what grounds he or she thinks this would work and let me know.
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html
http://www.cavanaughlegal.com/waiver-immigration/inadmissibility-waiver/212-a-inadmissibility-grounds-waiver-of-inadmissibility/
*** Legal disclaimer:
Of course, I never touched cocaine or any other drug in my lifetime.