Denied Entry for Drug Possession

[sotired101]

I was denied entry to the US in early 2013 for possession of 4 tabs of LSD.

I was fined $500 and deported back to Mexico.

I realise that I am now unable to apply for a visa waiver as having previously been denied renders on ineligible.

I was wondering though if this would be considered a conviction for drug possession and whether this would be considered a grounds for unequivocal inadmissibility, or whether I would still be able to apply for a tourist visa and possibly be granted one by a consular official.

Does anyone have any information regarding this?

[peace999]

what section of immigration law did they write on your passport when you were turned back to mexico?

[sotired101]

I actually realised, once I had returned to the Mexican side of the border, that my passport was missing, which caused a lot of hassle as you can imagine.

I ventured back to where I was detained at the US border and the officers on duty claimed that they had no idea where it was.

I have since obtained a new passport.

Is there any way I can find out the information you asked for without my original passport?

[sotired101]

Or perhaps you could tell me what section(s) of immigration law, potentially written on my passport, would render me absolutely ineligible.

The reason I am wondering is that I am currently being charged with a misdemeanor level drug possession and that I would like to know how hard I should fight against it.
If I'm already banned from the US anyway, perhaps it's not really worth it

[sotired101]

also, does anyone have any information of the likelihood of obtaining a visa with a charge of possession of cannabis weighing 2.5g?

[rayb]

Sotired,

Your deportation (or removal) is what is most likely to be cause a visa denial, though the cannabis issue will also weigh in when any decision is made about your visa. If and when you receive a formal denial of a visa application, and are given a specific reason for the denial, you will then have a basis for appealing the denial or seeking a waiver from inadmissibility.

--Ray B

also, does anyone have any information of the likelihood of obtaining a visa with a charge of possession of cannabis weighing 2.5g?

[sotired101]

Acquitted

I was acquitted of my possession charge in Australia, so am now clean of a criminal or drug possession record.
In regards to my denial of entry to the US and my (potential) resulting inadmissibility:
Is it 100% certain that as the drugs (4 tabs of LSD) were found to be in my possession at the border (they were in my bag) that I am now considered inadmissible under the assumption that I am a drug trafficker?

I understand that they require an admission to the constitutive elements of trafficking or whatever crime that I was removed for. While under custody I was presented with the drugs and asked if I knew what it was. I agreed that I did. However I never formally admitted to having possession of them or (as far as I recall) signed anything in regards to my admission to any facts. I also met with an ICE agent who did not ask me for an admission of guilt or tell me that I was to be considered forever inadmissible to the US as a drug trafficker or user.

May they have denied my entry on some other basis? - and if I was denied for drug possession or the constitutive elements of trafficking, what are my chances of ever obtaining a waiver of inadmissibility? On another forum I have been told zero to none for at least 10 years, and then extremely slim after that. Can anyone confirm or clarify this?

Many thanks

[rayb]

Sotired,

Whether to approve a visa or to admit or not admit is a discretionary decision by State Department staff.

There has been a softening of official policy about tolerance for history of small amounts recreational drugs. A 10-year ban has a good chance of being overcome with an I-601 submittal after interview for an immigrant visa.

But a nonimmigrant visa, whether visitor or fiancee, might still be faced with an unbreachable denial.

Was it Cannabis or LSD?

--Ray B

I was acquitted of my possession charge in Australia, so am now clean of a criminal or drug possession record.
In regards to my denial of entry to the US and my (potential) resulting inadmissibility:
Is it 100% certain that as the drugs (4 tabs of LSD) were found to be in my possession at the border (they were in my bag) that I am now considered inadmissible under the assumption that I am a drug trafficker?

I understand that they require an admission to the constitutive elements of trafficking or whatever crime that I was removed for. While under custody I was presented with the drugs and asked if I knew what it was. I agreed that I did. However I never formally admitted to having possession of them or (as far as I recall) signed anything in regards to my admission to any facts. I also met with an ICE agent who did not ask me for an admission of guilt or tell me that I was to be considered forever inadmissible to the US as a drug trafficker or user.

May they have denied my entry on some other basis? - and if I was denied for drug possession or the constitutive elements of trafficking, what are my chances of ever obtaining a waiver of inadmissibility? On another forum I have been told zero to none for at least 10 years, and then extremely slim after that. Can anyone confirm or clarify this?

Many thanks

[sotired101]

Ray B,

Thanks for your response. I assume you are referring to the "once with less than 30g of *********" clause?

It was indeed the LSD I was caught with, so I supposed I may never be able to enter.

I'm going to send off to CBP to get the record of the incident and see what it says.

[dianejent]

Drug possession is never an easy case. I can relate to that because of a similar experience my brother had years ago here in Phoenix, thankfully, the Arizona Criminal Law Team came to the rescue and helped him resolve his case.