10 year ban is complete - do i need waivers? criminal conviction.

vlocka

New Member
i was deported from the US 10 years ago for criminal conviction 237 (a)(2)(b)(i). I believe this is non aggravated felony. The other paper i recieved when i was deported says in accordance with section 212(a)(9) im inadmissible under section 212 for 10 years.

Do i need a waiver to cross the border after the 10 years is up? if so what waivers?
 

newacct

Well-Known Member
9A ban for being removed is a 10-year ban and that's over. 2B ban for multiple convictions is a lifetime ban. So you would need a waiver for that.
 

vlocka

New Member
It was actually just 1 paraphernalia charge. Regardless what waivers would I need to go visit the US? Also is there anyway I can double check my deportation charges at customs or something just so I know 100%?
 

vlocka

New Member
I'm from canada so I wouldn't need a visa. Also I was in the US legally with a greencard at the time.
 

newacct

Well-Known Member
Drug conviction should be (2)(A)(i)(ii) or (2)(C). In any case, they are all lifetime bans, so you would need a waiver. Your green card doesn't matter anymore, since you have been deported. Since you are a Canadian citizen, you would apply for a nonimmigrant waiver by filing I-192 with CBP.
 

vlocka

New Member
"Section 237(a)(2)(B)(i) renders removable “[a]ny alien who at any time after admission has been convicted 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 a controlled substance (as defined in [21 U.S.C. 802]), other than a single offense involving possession for one's own use of 30 grams or less of marijuana…”

in order to be removable under section 237(a)(2)(B)(i), the alien must actually be convicted of a controlled substance violation. The substance involved must be on the Federal list of controlled substances. In Mellouli v. Lynch, 135 S.Ct 1980 (2015) the Supreme Court of the United States applied the categorical approach in finding that a Kansas drug paraphernalia statute was categorically overbroad (i.e., it included several substances that were not included on the list of Federal controlled substances).

just a quote i pulled out from searching my section charge
so im guessing its a conviction charge for drug paraphernalia
 

newacct

Well-Known Member
Oh sorry I misread that I thought it was the inadmissibilities in INA 212. You were talking about the deportability in INA 237. If you had that deportability then you would have an inadmissibility under INA 212(a)(2)(A)(i)(II). So you would have a lifetime ban and need a waiver.
 

vlocka

New Member
You didn't read wrong i also have a paper that says

"In accordance with provisions of section 212(a)(9) of the immigration and Nationality Act you are prohibited from attempting to enter or being in the united states for a period of 10 years from the date of your departure from the United States. You have been found Inadmissible under section 212 of the act and order removed from the United States by an immigration judge in proceedings under section 240 of the act. As a result of your having been present in the United States without admission or parole."
 

newacct

Well-Known Member
I know what you are saying. You were deported under the deportability for controlled substance violation (INA 237(a)(2)(B)(i)). The fact that you were deported triggered a 10-year ban under INA 212(a)(9)(A); that ban is now over. The fact that you had controlled substance violation (the same facts that caused you to be deported under INA 237(a)(2)(B)(i)) also triggered a lifetime ban under INA 212(a)(2)(A)(i)(II); you need a waiver due to this ban.
 
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