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Fiance had a small amount Khat (an east african plant) by Customs in USA and withdrew his entry. Will he be allowed back to USA?

New York, NY |

My fiance and baby's father was found with 130 grams of Khat which was planted in his suitcase. Law enforcement convinced him to say it was his and withdraw his application to enter USA. He was on B1 Visa, which was cancelled. It was not his, we do not know where it came from. We need support in how to get past this. All family is in the USA and we were planning on marrying. How do we ever get a visa again? Is "release to return" the same as deportation? What are the rules? What do we do? How do we ever visit the states?

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Attorney answers 4

Posted

First of all, 130 grams is not a small amount ... it is over 4 ounces!

It is a controlled substance in the US and he can be denied future entry to the US for drug trafficking.

He needs a lawyer to review his CBP file with him/you.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

It was 106 grams. I know for marijuana that would be a lot, for khat that would hardy be able to give anyone a drug like effect. We do need an attorney. Thank you for trying to help. I guess what i dont understand is what they told him "They said you have two choices you cn deny it is yours and we will seize and you will be banned for five years or you can accept and withdraw you appication and go back and apply for a waiver."

F. J. Capriotti III

F. J. Capriotti III

Posted

It is still a lot when it is a Schedule 1 Controlled Substance. Yes, you need a lawyer. Yes, they appear to have stated his two choices clearly.

Posted

I would have to agree with my colleague. retain an attorney to request and review the records and subsequently decide on next steps.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Posted

This may cause your fiance issues. I agree with my colleagues, contact an attorney and decide next actions from there.

Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by email-fadi@visaplace.com.This answer does not establish an attorney client relationship.

Posted

Unfortunately his actual "innocence" will be difficult to prove as he probably signed a statement acknowleding his guilt. Our immigration law treats drug related crimes very seriously so it will be very difficult for him to obtain a visa in the future. If you decide to hire an immigration attorney, make sure they have extensive experience handling waivers.