Can cbp deny admission upon entry from travel, for any reason after uscis granted green card? Immigration.

Asked over 1 year ago - San Francisco, CA

I was charged with drug misdemeanor(thc under 10mg) in the process of adjusting my status, which was later on entered as nolle prosequi, no diversion program no guilt plea.
Eventually i received my green card recently. Traveling to Asia for a month and extremely worried if I will be denied by cbp even though charges were dismissed.
Uscis approved green card after receiving court disposition. Thanks bunch.

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . If the drug charge involved simple possession, you should be okay. If it involved transportation or sale of marijuana, you could be placed under removal proceedings.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . They can stop and question you even without any criminal case history. You should ,however, be ok,

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. Alena Shautsova

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    Contributor Level 20

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    Answered . Have a certificate of disposition with you, and talk to your lawyer as to what you might expect at the border and what to do.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. John Robert Egan

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    Contributor Level 11

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    Answered . With all due respect to my colleagues, knowing you have a drug arrest, no lawyer should give you any advice about your immigration issue without seeing the court documents. Go see an immigration lawyer before you travel. If you are put in immigration proceedings after inspection at the airport, even in error, it will be troublesome and expensive. Know before you go.

  5. J. Thomas Smith Ph.D.

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    Answered . Dismissed cases should have no immigration consequences.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  6. Otis Carl Landerholm

    Pro

    Contributor Level 13

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    Answered . I agree with my colleagues. A simple possession of less than 30 grams of marijuana substance does not make you "inadmissible" under the immigration and nationality act, however, CBP could and will ask you questions about it. If you find that they harass you or question you too much, have a lawyer draft a well versed letter explaining the situation and explaining the law, attach the proof of the conviction documents, and keep that documentation in your bag whenever you travel.

    Good luck,

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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