Can I still apply for a green card if I was charged with drug possession? 6 Answers as of July 26, 2011

My son is getting married to his long time girlfriend and wants to apply for his green card, he was arrested a few months ago for having a small amount of drugs on him and charge with a felony. (one pill). Can he still apply for his green card?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Dear Sir/Madam: Any conviction for drugs other than 30 grams or less of marijuana.
Answer Applies to: New York
Replied: 7/26/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Most drug convictions make you ineligible to adjust status. In your case, I will need to see the court minutes.
Answer Applies to: Nevada
Replied: 7/21/2011
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
Very serious matter......this falls under controlled substance violation...deportable offense; and mandatory detention are all possibilities...I strongly urge you get an attorney...based on these limited facts...green card is unlikely...
Answer Applies to: Florida
Replied: 7/21/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Any admission or conviction for drug use is a bar to immigrating except there is a waiver for a small amount of marijuana. It could be different for convictions before July 14, 2011, in the Ninth Circuit.
Answer Applies to: California
Replied: 7/21/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
It sounds that he is inadmissible and will not be able to receive a green card. A conviction related to a controlled substance bars one from receiving a visa or adjusting status. The only exception is a single possession of 30 grams or less of marijuana if one applies for a green card. In this case you can overcome inadmissibility through a waiver application.
Answer Applies to: California
Replied: 7/21/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Charging is different from conviction. You need to find out whether he has conviction. Amount of drugs does not bear too much weight under immigration law. Possession is possession. You should retain a lawyer on this case because this sounds very serious.
    Answer Applies to: Florida
    Replied: 7/21/2011
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