Criminal Defense of Immigrants

The controlled substances ground of deportation expressly contains an exception for possession of 30 grams or less of marijuana for one’s own use.[324]  A waiver of inadmissibility that is generally unavailable to waive inadmissibility on the basis of a controlled substances offense is available to waive a single offense of the same type.[325]  Additionally, this conviction is not a statutory bar to establishing Good Moral Character, required for naturalization to U.S. citizenship and other immigration relief.[326]  Special waivers were also available in the legalization or amnesty programs.[327] 

[324] INA § 237(a)(2)(B), 8 U.S.C. § 1227(a)(2)(B).

[325] INA § 212(h), 8 U.S.C. § 1182(h).  See § 24.29, infra.

[326] INA § 101(f)(3), 8 U.S.C. § 1101(f)(3).

[327] Amnesty program waivers are found in INA § 210(c)(2)(B)(ii)(III), 8 U.S.C. § 1160(c)(2)(B)(ii)(III) for the SAW program and INA § 245A(d)(2)(B)(ii)(III), 8 U.S.C. § 1255a(d)(2)(B)(ii)(III) for the legalization program.