INA 212 [Substitute Secretary of Homeland Security for Attorney General]
(h) Waiver of subsection
(a)(2)(A)(i) (I),
(II), (B), (D), and (E)
The Attorney General may, in his discretion, waive the application
of subparagraphs (A)(i)(I), (B), (D), and (E) of
subsection (a)(2) of
this section and subparagraph (A)(i)(II) of such subsection insofar as [This describes you.]
it relates to a single offense of simple possession of 30 grams or less
of marijuana if--
(1) (A) in the case of any immigrant it is established to the
satisfaction of the Attorney General that--
(i) the alien is inadmissible only under subparagraph (D)(i)
or (D)(ii) of such subsection or the activities for which the
alien is inadmissible occurred more than 15 years before the
date of the alien's application for a visa, admission, or
adjustment of status,
(ii) the admission to the United States of such alien would
not be contrary to the national welfare, safety, or security of [(ii) and (ii) apply to you.]
the United States, and
(iii) the alien has been rehabilitated;
or
(B) in the case of
an immigrant who is the spouse, parent, son,
or daughter of a citizen of the United States or an alien lawfully
admitted for permanent residence if it is established to the
[This probably applies if you are deemed to have Unlawful Presence.]
satisfaction of the Attorney General that the alien's denial of
admission would result in
extreme hardship to the United States
citizen or lawfully resident spouse, parent, son, or daughter of
such alien; or
(C) the alien is a VAWA self-petitioner; and
[Irrelevant]
(2) the Attorney General, in his discretion, and pursuant to
such terms, conditions and procedures as he may by regulations
prescribe, has consented to the alien's applying or reapplying for a
[This is you.]
visa, for admission to the United States, or adjustment of status.
8 CFR § 212.7 Waiver of certain grounds of inadmissibility.
(a)
General —(1) Form I–601 must be filed in accordance with the instructions on the form. When filed at a consular office, Form I–601 shall be forwarded to USCIS for a decision upon conclusion that the alien is admissible but for the grounds for which a waiver is sought.
(4)
Validity. A waiver granted under section 212(h) or section 212(i) of the Act shall apply only to those grounds of excludability and to those crimes, events or incidents specified in the application for waiver. Once granted, the waiver shall be valid indefinitely, even if the recipient of the waiver later abandons or otherwise loses lawful permanent resident status, except that any waiver which is granted to an alien who obtains lawful permanent residence on a conditional basis under section 216 of the Act shall automatically terminate concurrently with the termination of such residence pursuant to the provisions of section 216. Separate notification of the termination of the waiver is not required when an alien is notified of the termination of residence under section 216 of the Act, and no appeal shall lie from the decision to terminate the waiver on this basis. However, if the respondent is found not to be deportable in a deportation proceeding based on the termination, the waiver shall again become effective. Nothing in this subsection shall preclude the director from reconsidering a decision to approve a waiver if the decision is determined to have been made in error.
Form:
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
[I am not certain that a form I-601 is absolutely required for ONLY the small amount of marijuana BUT DHS will figure out that you were in the U.S. because of it. They will probably figure out that you have unlawful presence and a form I-601 IS required to waive that and that requires showing "extreme hardship" to the qualified USC and/or LPR relative(s).]
[You will get conditional status, if granted a waiver and a visa, if the marriage has lasted less than 2 years upon date of entry or adjustment.]
Good Luck,
