Temecula, CA asked in Immigration Law for California

Q: My fiance served time for crossing border w/marijuana in 01. Im a US citzn, we have 15 mo old, can get him a green card?

He served in Arizona, was released 2001. We have been together for 6 years 10 months, our baby is 15 months old. We want to get married and live here in California. He currently works for the IMSS (Mexican Institute of Social Security-Federal Medial Hospital) in Tecate Baja California.

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Depends on the amount of marijuana that he was caught with and exactly what he was convicted of. If he was convicted of possession for sale or something along those lines, this would constitute a drug trafficking conviction, which would make him permanently inadmissible to the United States.

If he has a single conviction for simple possession of less than 30 grams of marijuana then he might be able to qualify for a 212(h) waiver, if he is able to demonstrate that his child (and you, if you marry) would suffer extreme hardship should he not be admitted to the United States.

Any conduct related to controlled substances typically makes an individual permanently inadmissible to the United States and the only waiver available, is the one I mentioned above, for less than 30 grams of marijuana. Otherwise, there are no waivers for controlled substance violations, and he would be ineligible for a green card through marriage. It would be advisable to have an immigration attorney review his record, to determine whether he is permanently barred.

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: If your fiancé has a criminal record, particularly one that involves drug trafficking or drug-related crimes, it could affect his eligibility for a green card or admission to the United States.

However, each case is unique, and there may be options available to him. It is recommended that you consult with an immigration attorney who can assess your specific circumstances and provide guidance on your options. They can advise you on the requirements for obtaining a green card, the potential impact of his criminal record, and any waivers or other remedies that may be available.

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