Legal Question in Immigration Law in Maryland

Re: Immigration - I130

Under Immigration and Nationality Act � 212(a)(1)(A)(iv), someone is "excludable," meaning they can be denied entry into the country, if they are found to be a "drug abuser or addict."

The regulations, 42 CFR � 34.2(g) defines a "drug abuse" as "drug use that goes beyond mere experimentation with drugs."

Also, under INA � 212(a)(2)(A)(i)(II), any controlled substances violation is grounds for excludability. An admission of a violation also counts -- the person need not actually be convicted of a crime.

It sounds to me that the first option doesn't apply in your case but the second may well. Furtunately, if the I-130 (or the I-129F, for that matter) is denied, you may seek a waiver under INA � 212(h) if the marijuana issue "relates to a single offense of simple possession of 30 grams or less."