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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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I was charged in 1994 more than 50 lbs of Marijuana into the

Customer Question

I am Canadian Citizen I was charged in 1994 for smuggling more than 50 lbs of Marijuana into the USA, Is is possible to apply for a waiver? I was charged for transportation and possession of more than 50 lbs of marijuana? IS there a limit of weight of how much marijuana?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

You say you were "Charged." What was the result of the charge?

Customer: replied 1 year ago.

found to delivery of Marijuana of over 50lb but under*****order was 10 years probation, 320 community service, $2000 fine. It was all done!!!

Expert:  Expert James replied 1 year ago.

OK, thanks. On what basis do you intend to enter the US? What status?

Customer: replied 1 year ago.

visitors status

Expert:  Expert James replied 1 year ago.

OK, thank you very much. My apologies for the slight delay. I was away when you responded.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: You are considered inadmissible to the US, and not eligible for the exception to a controlled substance eligibility (i.e., possession for less than 30grams of mj).

However, there is a waiver available for non-immigrant status (INA 212(d)(3)(A), including visitor status. IT is more commonly known as the Hranka Waiver.

The factors that will be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of your character, and the necessity for, or urgency of, your proposed trip to the United States.

There is no way for me to know the chances of success, as these are each looked at separately, in consideration of each case. I will say that with so much volume, it is likely not looking good for you. But it also have been 20 years, so if you seem rehabilitated, it does help a bit. Ultimately, the decision is left to the consular officer and border agent whether to issue you the visa and permit you entry. NOTE: Unlike most Canadian visitors, you are not eligible to travel to the US with only your Canadian passport, as a result of your criminal record. Therefore, you MUST get a visitor visa before attempting to come to the US as a visitor.

Here is helpful information on the Hranka Waiver (copy and paste this link in a new window): http://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: Yes. According to the TSA, if she does not have a valid ID and she can answer a few questions to help them identify who she is, she will be able to travel. Having the expired license is helpful, as it serves to bolster who she is, even if it is expired.

She should simply approach the travel document checker and let them know she doesn't have her ID. She will be able to fly as long as she provides them with some information that will help them determine she is who she says she is.

If she is willing to provide additional information, they have other means of substantiating her identity, such as using publicly available databases. If they can confirm her identity, she will be cleared to go through security. She may have to go through some additional screening during security.

In all cases, if she does not have an ID, she needs to allow extra time for check in.

Also note that she can provide other forms of ID, like library cards, Costco cards, etc., to help show she is who she says she is.

As a side note, due to her age, she might be able to request extra assistance through a program called TSA Cares (copy and paste the following link in a new window): https://www.tsa.gov/travel/passenger-support

I would call them 72 hours in advance, if possible, to allow them time to prepare for her arrival at the airport, so they can help her through the process.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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