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I130 Petition, Green Card, Marijuana Conviction, Waiver

San Jose, CA |

Could it be for the purposes of applying for a green card through a I-130 petition, a conviction for possession of marijuana of under 30g would not sink the application, because a waiver exists for that?

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Attorney answers 5


Yes, it is possible. But, the waiver's not all that easy to get ... use a lawyer.

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.


The waiver process is not simple -- there are many factors that come into play. Contact an attorney.


The waiver process is very complicated. It is best to consult an attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

Abed Al-Hamid Ayoub

Abed Al-Hamid Ayoub


Side question -- how do you add a disclaimer line to your answers? Thanks for any help sir


Yes; but there are many different issues that you need to be ready to tackle, such as the Penal Code used to convict you, sentence, date of the conviction, etc. Anyone that wants to do a waiver or feels they need one should always have an attorney handle it.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.


I agree with my colleagues, you should hire a lawyer. Feel free to call my office in San Francisco if you're still looking. Good luck.
Otis C. Landerholm, Esq.

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