Removal Of Alien For Conviction of Drug Paraphernalia offense May be Waived

Posted May 6, 2010 - A ruling by the Board Of Immigration Appeals addresses the issue of deportation and/or removal of aliens convicted for drug paraphernelia offenses. Certain aliens who are convicted of drug crimes are excudable and inadmissible. This case reiterated that aliens convicted for possessing drug paraphernelia are inadmissible and excludable. They may be deported or removed from the United States.

However, such aliens may apply for a waiver and prevent removal or deportation and apply for adjustment of status, if otherwise qualified. To avoid deportation, the aliens may submit a waiver to prove that the conduct "relates to a single offense of simple possession of 30 grams or less of marijuana." If said waiver is approved, qualifying aliens may then apply for permanent residency through adjustment of status.

 [Read The Entire BIA Ruling For Removal of Aliens Convicted of Certain Drug Offenses]