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Criminal Immigration Issues Dealing with INS and other related issues.

View Poll Results: Should there be an Immigrant Waiver available for drug convictions?
Yes 17 32.69%
No 35 67.31%
Voters: 52. You may not vote on this poll

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  #1  
Old 09-24-2009, 01:56 PM
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Exclamation What do you think? Immigrant Waiver for drug convictions?

The fact that I, an Alien and my USC husband’s and USC son’s Immediate Relative don’t have an Immigrant Waiver available to me for my deportation with drug convictions amounting to more than one count of 30 grams of marijuana but I do have a Non-Immigrant Waiver available to me such as the 212(d)(3) Waiver if I wish to re-enter the U.S. to work is a clear indication that the existing bias is against both my USC husband and USC son and that their belief is the subject of discrimination. Their belief that the same standards of reintegration should be applied to Non-Immigrants and Immigrants alike to ensure I can re-join them permanently in their lives within their country.

As it stands, aliens deported with drug convictions amounting to more than one count of 30 grams of marijuana have the 212(d)(3) Non-Immigrant Waiver available to and permitting them reintegration in U.S. society by obtaining a Work Visa when U.S. Citizens who wish to successfully petition for and claim their Alien Immediate Relatives (parents, children and spouses), also deported with drug convictions amounting to more than one count of 30 grams of marijuana don’t have an Immigrant Waiver available to their Immediate Relatives so that their Immediate Relatives may also reintegrate in U.S. society. Shouldn’t U.S. Citizens’ needs come first in their own country?

Section 212(d)(3) of the Immigration and Nationality Act ("the Act") is a broad waiver provision that allows applicants for admission as nonimmigrants to overcome almost any ground of inadmissibility found in Section 212(a) of the Act. The only inadmissibility grounds that can not be overcome by the 212(d)(3) waiver relate to foreign policy considerations and participation in Nazi persecutions. In Matter of Hranka, 16 I&N Dec. 491(BIA 1978), the BIA listed three criteria for determining whether to approve or deny a Section 212(d)(3) waiver:

1. The risk of harm to society if the applicant is admitted;
2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and
3. The reasons for wishing to enter the US.

The BIA did not elaborate on these basic factors in its decision. However, it did make clear that the reasons for wishing to enter the US need not be "compelling." "The law does not require that such waiver action be limited to exceptional, humanitarian or national interest cases. For applicants with criminal records, evidence of rehabilitation would certainly improve a 212(d)(3) waiver application. The 212(d)(3) waiver is available to inadmissible individuals that do not have an immigrant waiver available. For example, an alien who has been convicted of a crime involving moral turpitude within the last 15 years and who has no qualifying US citizen relative for a 212(h) waiver might still be able to enter the United States on a nonimmigrant visa with a 212(d)(3) waiver. Alternatively, if an alien has a qualifying relative but is not able to show sufficient hardship for a 212(h) waiver, he or she could maintain status as a nonimmigrant and wait for the 15 years to pass so that the 212(h) immigrant waiver would be available again. Unlike most provisions of the Act, the 212(d)(3) waiver contains no bar for those convicted of aggravated felonies. An individual who has been deported and who is subject to a ground of inadmissibility would need to apply for permission to reapply (the I-212) and for a 212(d)(3) waiver. "A temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement." As a result, one could conceivably spend the entire absence requirement in the United States in nonimmigrant status. The benefit of the 212(d)(3) waiver lies in the broad range of eligible applicants. However, these waivers are not always easy to obtain, particularly in the case of individuals with criminal convictions. In addition, the applicant must be eligible for a nonimmigrant visa. For inadmissible individuals with no other way to return to the United States, the 212(d)(3) waiver might provide a temporary solution to what can be a very difficult and lengthy time separated from family, friends or business matters.

This means any "undesirable" who got to acquire a G.E.D. certificate while an illegal alien in the U.S. with false documents can send for his/her transcript with their attorney’s letter verifying both individuals are the same person, studies a profession in their country, practices it, and arranges to receive a U.S. job offer through their U.S. connections. Like their country’s embassies, consulates or communities, they then get to walk among U.S. Citizens in their country once again. Like I’m fixing to do. But work visas only allow temporary stays and aren’t guaranteed renewal.

I propose U.S. Congress supports a bill making an Immigrant Waiver available to U.S. Citizens’ Alien Immediate Relatives deported with drug convictions amounting to more than one count of 30 grams of marijuana so that U.S. Citizens may successfully petition for and claim or re-claim their Alien spouse, child or parent. Presently, U.S. Citizens are able to petition for and claim these Immediate Relatives but not successfully because immigration doesn’t pardon immigrants’ drug convictions amounting to more than one count of 30 grams of marijuana, only those of non-immigrants who are practicing professionals and have a U.S. job offer.

The way things are now U.S. Citizens with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own. The U.S. government’s violation of my U.S. family’s civil human right to equal treatment under the law of all people regarding enjoyment of life, guaranteed by the Bill of Rights, is unwarranted. My U.S. Citizen Immediate Relatives are not receiving fair treatment.

-----------------------------------------------------------------------

this is where my husband and i began asking what was going on, we thought our problem were the drug convictions. come to see, they're not a problem at all when at this very instant there are professional aliens with work visas who've had drug convictions working side by side next to u.s. citizens. then what's wrong with aliens who've had drug convictions living side by side with their u.s. citizen parents, children and/or spouse

clearly, the ones being discriminated against are u.s. citizens is the conclusion we've reached. that doesn't sit well with either of us. seriously, which of the two is more undesirable, as you've expressed: drug convictions amounting to more than 30 grams of marijuana or u.s. citizens? from the looks of it it isn't a case of immigration policy but of the u.s.'s continued war on drugs. i remember it well, i'm a cusualty of that same war. maybe it's why we're offered some form of relief. aliens don't have any say in foreign affairs, all that is required of us is that we become a practicing professional with a u.s. job offer. it's u.s.'s version of canada's individual rehabilitation, except with canada's form permanent resident visa is included because they're not experiencing a war on drugs in their country

http://www.cic.gc.ca/english/informa...des/5312E3.asp

my u.s. counterparts: http://www.hr95.org/index.html

Last edited by se_vnt3; 09-24-2009 at 02:02 PM..
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Old 09-25-2009, 12:33 AM
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Another great example of how screwed up our government is. More specifically, how screwed up and convoluted our immigration laws are.
I would think that an immigrant with family here is not going to be very likely to commit another crime if given a second chance like this. They would have so much to lose. However, someone who only comes here on a work visa may not care so much, since they don't have any long term ties here.
I truly don't believe that any crime should be an absolute no chance bar for any immigrant or prospective immigrant family member of a US citizen. I think that each case and person should be judged on their own merits. My one big gripe is how immigration looks at things so black and white and doesn't allow for the gray sometimes.
My SIL is just finishing up a 15 month sentence for conspiracy to manufacture (marijuana). He was brought to the US at 3 years of age and is not legal. He doesn't know Mexico. It tears me up for this to happen to him, my daughter and granddaughter. Apart from the fact, that I feel marijuana should be legal, since it is no more dangerous than alcohol or tobacco. Our federal sentencing guidelines give equal weight to a pound of marijuana, heroin, cocaine, methamphetimine or whatever. I think that is ridiculous. How can you make them equivalent? One pound of marijuana should not be penalized the same as a pound of heroin, etc. Our system needs a serious overhaul. Oh, and the conspiracy ends up being a catchall charge. People who own hydroponic stores have been sentenced to years in prison under this charge. Actually, some of those cases were very shady operating by our federal government. It was definately eye opening to me to read about how the feds can and will stop at nothing to get what they want. Including letting the lawbreakers go free just in order to convict someone because they wouldn't cooperate with you to catch the ones you want.
I pray that Obama makes next year the year of Immigration Reform the way he is making this year the year of Healthcare For All.
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Old 09-25-2009, 12:06 PM
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Originally Posted by pamela_c View Post
Another great example...
I was 20 months-old myself when I was taken over into the U.S. illegaly by my parents, spent one month shy of 30 consecutive years within the U.S. before my deportation and had to leave a 12-year old behind who's now in therapy.

My family, loved ones, friends, and I simply feel victimized, almost raped (of our dignity). We could have been mortally wounded. I mean, cutting a family member off is like losing a member of your body. My son and I felt we could have easily died from the pain of our forced seperation except we were both still alive and he could come see me whenever he felt ready to travel to these parts. 5 years later an he's still not ready, he's in complete denial. He is so angry with his country for hurting him so. Me on the other hand suffer over the pain of those I left behind.



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Old 09-25-2009, 03:19 PM
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I completely understand. My husband has been in Mexico waiting for 16 months waiting for a 601 waiver to be processed for a misdemeanor assault. I feel like I and my children are being treated as 2nd class citizens (at best) while we endure this forced separation and extreme financial hardship imposed by our government. It is unimagineable that it would take 15 months or more to process a waiver for someone who spent 28 years in the US and only has one misdemeanor assault charge. Especially, since we tried and tried to get the police to do something about the thefts our neighbor was committing against us. In the end, my hubby went to talk to him and it came to blows. He had to do an 8 week anger management program. That was all back in 2001.
I feel so bad for so many different horrible situations our families are forced into with the current immigration laws and enforcement. Our children are our future and we our setting our country up for huge failure if we continue to make our children suffer from the unfairness of the current laws.
It's especially difficult when you see the inequalities, such as just one you point out here, that treat the US citizen family members so unfairly.
I pray for change and answers to our prayers so that families can be reunited and lives & dreams can be realized. I wouldn't wish these experiences on anyone.
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Old 09-25-2009, 06:42 PM
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Originally Posted by pamela_c View Post
I completely understand...
at least your family has hope of reintergration as a family in u.s. society

because of the u.s. drug war our family has no hope of reunification except for visits with each other as if i were still incarcerated - still AFTER already having completed my sentence, being deported and having my family ripped apart and because i'm an alien

you're right, your u.s.c. family ought to be considered above and beyond any alien, especially one with a misdemeanor assault charge or drug convictions, by your own country

i sure do hope your family is granted that waiver. could you believe i got deported for an aggravated felony but am not able to immigrate because of my drug convictions? if it weren't for my drug convictions i'd be able to immigrate even with my aggravated felony charge (i have a waiver available for that). ???. u.s. homeland security makes itself out to be a joke when they don't take their citizens' hardships or welfare seriously therefore make themselves out to be no less barbaric than any third world country they deport anyone to also. my family's foundation has been rocked at this realization, that no place is safe from ignorance (and bias) is the saddest part of all

thinking it through thoroughly, there shouldn't be and there actually isn't any need for waivers if "undesirables" still have an opportunity to re-enter or u.s. citizens' hardships aren't even considered at all as in my case. eliminating deportation entirely ought to be every u.s.c. with an alien relative's plight on the immigration front

another thing for u.s. citizens against or for deportation to consider is the fact that not all alien criminals are deported, there are countries such as cambodia and cuba who do not accept their citizens being deported, forcing the u.s. to release them back into the streets after they serve their sentence. justly-so. pamela's husband and i simply got deported because our countries stupidly agreed to take us back. another front i'm fighting on this side. deportation is just a sadistic maneuver for those lacking in other areas of their lives who want to take their frustration out on the nearest person and it's equivalent to u.s. ex-inmates continually being discriminated against in jobs and in other areas of their lives even after receiving punishment and having served their time. i remember alien after alien being released onto u.s. streets with more terrible crimes than even my aggravated felony (yes, including rapists, child molesters and murderers) because their countries refused having them deported back, they are welcomed back whenever they desire to return on their own


i would recommend ALL countries allow dual citizenship, as my country does, permitting their citizens the freedom to fully enjoy the advantages of their second [favorite] country without losing any rights given by their country of birth and every 5 years or so allow aliens - illegal, undesirable or otherwise - to come out of the shadows and apply for citizenship regardless of and/or despite their backgrounds

end discrimination against human aliens and those who love them entirely

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Old 09-25-2009, 06:56 PM
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I have a question.. I don't know much about immigration and stuff.. but why would you live here for 30yrs and not become a legal citizen? Then stuff like this could be avoided, you know?
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Old 09-25-2009, 07:22 PM
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I have a question.. I don't know much about immigration and stuff.. but why would you live here for 30yrs and not become a legal citizen? Then stuff like this could be avoided, you know?
because i was just fine visiting and working occasionally in the u.s. and i had my own country to return to if benefits is what i was in search of, which i wasn't. i am fully self-sustaining and horrible injustices such as this should be avoided altogether by everyone wether individuals decide to become citizens of a foreign country or not

you know? i mean, what ever happened to self-respect and human rights?
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Old 09-25-2009, 07:32 PM
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Well I am not the type of person who would expect that I could go live illegally in another country for any amount of time and not be deported after I committed a crime. If I wanted to stay there, I should have became a citizen.
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Old 09-25-2009, 07:49 PM
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Well I am not the type of person who would expect that I could go live illegally in another country for any amount of time and not be deported after I committed a crime. If I wanted to stay there, I should have became a citizen.
i don't even want to imagine what you must think about citizen criminals, including the one you're on this forum for

he or she has my sympathy though. as many other in your country do for me also

there's something for everyone. god is good, he loves us all - just as we are

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Old 09-25-2009, 10:24 PM
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I never said anything at all about criminals..
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Old 09-28-2009, 01:29 AM
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My immediate family is lucky in that we have a chance to be reunited when the waiver paperwork is finally processed. My husband was not deported. We had just finally decided to try to get him legal status after being here 28 years. Although, over the course of the 16 months it has been so far (with 2-4 more to go), we have lost everything that we worked so hard for. My kids have had to give up many activities and things that they used to do because our financial situation has become so difficult. However, my daughter is in the same boat as you because of his drug conviction, her honey will not be able to come back legally. Although, at this point, I think he will try to cross back illegally. He just doesn't want to live in a country he doesn't know, away from his princesas. He will just hope and pray for changes in our immigration laws to help him down the road sometime. I don't know............
It is sometimes not an option to become a citizen.
My SIL was brought here as a toddler and never had an opportunity to become legal, therefore not a citizen either. After he turned 18, he did not choose to return to a country he did not remember or know, so that made him illegal here.
He is now finishing up a federal sentence for conspiracy to manufacture marijuana and will be deported. He will never be allowed to return her to be with his family (my daughter & granddaughter, as well as his younger siblings who were born here and are citizens). This should not happen to anybody. Not when, other far worse criminals are allowed to walk our streets just because their country did not want them back. US citizens should have the right to have their family together. Even if it was only temporarily residence granted for X amount of time, in order for that person to prove themselves to be a law abiding, productive member of society. It is especially disturbing that some people who commit the same crime and are deported have the right to a waiver and can come back to the US to work, yet people with family members here cannot. If people only took the time to research and learn about our laws (especially immigration, but others as well) and saw how backwards some of them are, they would be shocked. Even more disturbing is how some of them are used so completely differently than the way that they were intended. And the "War on Drugs" needs to end or be greatly modified. How is it that they can continue incarcerating people, in the case of marijuana, for something that is now legal for so many people in differrent states to use. Our government just gets more confusing and convoluted every day.

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Old 09-29-2009, 11:44 AM
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Lets keep the thread on topic please. This thread is not about questioning why a person did not become a US citizen, but about opinions on drug waiver convictions.

Thank you
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Old 09-30-2009, 12:41 AM
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My immediate family is lucky...
well, pamela there's always the 212(d)(3) waiver for your son in law. work visa is the easiest because it shows proof of rehabilitation but the same waiver also applies to visitor visas, your son in law will just have to meet the normal requirements for all visitors: owning a home and business are the safest ones because it shows he has something to return to in his country and no need to remain in the u.s. illegaly (for work, etc.), and not becoming hopeless by getting into anymore problems. any business will do in latin america, he can simply purchase any home/shack (just to obtain the visa)/property and sell stuff out of there too (used clothing, rice and beans, anything legal) and make sure he gets the "business" registered. most of latin america doesn't have zoning laws - we can't afford to be sensitive when we're hungry. i'm really aiming for a work visa because i want to work legally too when i get there but a visitor visa will at least allow your son in law to live with his family during the duration of his visit - and sometimes visitor visas go as long as 10 years with only the need to report to his country every x amount of time for x amount of time before visiting again - though he must be careful not to lose it for working without permission and go back to square one. after a while of returning when he's due and renewing his visas he may take that as proof of rehabilitation and fight to immigrate or wait for the war on drugs to end so our ban may be lifted

he must be mindful though of the fact that he may lose his right to visit along with his case to immigrate (if he were to lose it) because immigration then will see him as a possible illegal once entering the country to visit and refusing to return to his country because he wanted to immigrate earlier. i'm joining the international fight against the war on drugs and waiting for our victory. all of us deported aliens with drug charges around the world can sure use our u.s.c. immediate relatives' support by having them unite to help end the war on drugs in the u.s. so that we may be reunited for good there

as i said earlier there's something more than immigration going on with our issue and right now all we can hope for is a work or visitor visa in order for aliens to live side by side with their u.s. citizen parents, children and/or spouse if only for a few months at a time, it beats risking death crossing a border illegaly and not having the honor to work legally in addition. besides, it'll assure that we won't become victims again of the war on drugs going on in there, clandestine living leads to further clandestine acts. there's always canada too who pardons drug charges for a standard of living similar to the u.s.'s without having to cross an ocean to europe and being further in distance from your dear ones. spain and france allows our country folk to visit without a visa, so does germany so families don't necessarily have to settle into third world countries. i'm working toward immigrating to canada though i have family in europe too, as a skilled worker or professional and obtaining a u.s. visitor visa in case i'm unable to obtain a u.s. work visa. i'm returning to school to receive a college degree just for that because i'm in for the long haul and toronto is so much closer than managua is to philadelphia where my son lives, is from and wishes to remain. i don't see any need for him to suffer more than he already has by having to abandon his home too

i can comprehend your frustration, my own frustration is why i've posted this article all over the web. it tears me up knowing my u.s.c. immediate relatives are sorrounded by depraved and alien ex-convicts when they're not allowed to have me back on good terms (legally to become a citizen for sure this time) over two simple possession charges. only u.s. citizens can do anything over this matter taking place in the u.s., us alien immediate relatives can only support you on our end and we count on you too, we want to be home too. please, contact me if you decide to organize so i can provide you support through my own contacts there

Last edited by se_vnt3; 09-30-2009 at 12:50 AM..
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Old 09-30-2009, 12:04 PM
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It's so hard when immigration is so flaky.
I recently read a story about a lady from Canada married to an American. He moved from Florida to Washington state to be able to see her more often. He had a DUI and could not enter Canada. She lived in Vancouver, B.C. & had a good job that she did not want to give up. She would travel a couple of weekends a month into Washington to see her husband. When coming for one such visit, Border agents searched her car. After finding her marriage certificate (from months before), they revoked her right to visit. They believed that she would try and stay at some point. They now have retained an attorney and are fighting. That is ridiculous that they assume the worst of people. She had been coming and going for some period of time. It would have been easy for them to obtain residency at any point by filing for an adjustment of status if that had been their intention. They were trying to do things the right way, honor our lame immigration laws and look what they get. Fortunately, there is an International park on the Washington/Canada border where they are able to meet and spend time together within some certain area.
It seems like almost daily, I hear or read another story showing the injustices and inequalities of our immigration laws/system. The same can be said about our drug laws and the "War on Drugs". It has gotten so far away from the original intent that it should all be obsolete. Better to abolish all of the laws/rules for immigration, war on drugs & whatever else that might be so screwed up, and start over with ones that deal with the current realities in our world.
I wouldn't know the first thing about how to even start to organize anything towards this goal. I would love to support and help in any way that I could, if someone else knew where and how to get things started though.
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Old 10-01-2009, 04:27 PM
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Quote:
Originally Posted by pamela_c View Post
It's so hard when immigration is so flaky.
One place to start organizing is by contacting u.s.c. immediate relatives of aliens in your son-in-law's position, banned from ever being able to immigrate and permanently joining their parents, spouses and children over the war on drugs. Maybe your son-in-law can gather their contact information for you.

Then you all may join with LEAP: http://www.prisontalk.com/forums/sho...d.php?t=434685 and www.hr95.org further instructions.

Good luck. We're all rooting for your nation to come to peace with the drug topic some day and hope to be with you all soon for good too.


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Old 08-15-2010, 02:52 AM
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Fat Chance of coming to peace with the drug topic. Ronald Reagan's wife Nancy started the "Just Say No" drug awareness campaign in 1982... some 28 years ago. Do you know how much employment drug use brings! There is no way they would legalize it if they would lose money. I'm talking about prisons and lawyers and taxes and business, etc. Drugs fuel our economy. If they really wanted drugs out it could happen but it's all smoke and mirrors.


A couple of things I didn't understand. What is this denial you say your son is in. Why won't he come to visit you? Is his status in America in trouble if he leaves for a visit to see you? Also I was wondering if you have been banned from the US for so many years or permanently?

I wish you well in being reunited with your family,
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Old 10-03-2010, 10:10 PM
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The law should be: go to jail 2 -3 times, then you must go back to your country. We shouldn't have to pay for an illegal immigrant or someone that comes over here to a FREE country just to break the law and stay in jail...
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Old 02-23-2011, 06:40 AM
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When a person desires to come to the US legally the forms that they fill out specifically ask about drugs among other things. Why? Because drugs are illegal. If, I, a US citizen were to possess or sell drugs I would be arrested and prosecuted according to the law, if I was caught. Now, as a US citizen, I have a hard time understanding why I would be held accountable for breaking the law, and someone who is in the US illegally, possessing and/or selling drugs shouldn't be held to the same standard as myself.
I go to Mexico at least one time every year, and while I am there I do not break the laws in Mexico. I am a visitor there, legally, and I do not want draw any unneeded attention to myself so I focus on enjoying my visit and then returning to the US when I am supposed to.
Section 212(2)(a) of the INA is very specific in regards to inadmissablity to the US. It refers to any violation of the US Code "21 USC Section 802" which by the way also applies to me as a US citizen.
So, if I violate any portion of 21 USC Section 802 I will be prosecuted for any crime I commit. Why should someone who is in the US illegally be treated differently? If I, a US citizen would violate 21 USC Section 802 and prosecuted I would bear the conviction on my record for the rest of my life. I would be a convicted felon of a federal crime until the day I die. Someone here in the US illegally however, gets to go back to their home country without that conviction on their record, and live accordingly without that stigma attached to them.
There is a right way to come to the US and live. Sure the process may be somewhat difficult or take many years, but that is the way the system is. Bypassing the process completely, and then possessing and/or selling drugs on top of it to me shows complete disregard for the system. To even be able to petition the Govt. for a second chance is in itself a gift. Most countries simply say no.
Do the crime, do the time. If you cant do the time or accept the consequences fo your actions, don't come to the US.
I am all for people from other countries trying to make a better life for them and their families, and I will be one of the first to welcome them. My wife is a legal resident here in the US from Mexico, and many of her family are here legally, or are citizens of the US now. They went through the process, and it wasnt easy. They dont sell or possess drugs because they know what will happen. They are not willing to risk losing the opportunity to live here in the US. If my wife and her family understand the rules then I have little tolerance for those who do not follow them. Drug charges are usually a lifetime ban, and I think it should stay that way. No waiver, no excuses.
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