INADMISSIBILITY

Crimes Involving Controlled Substances (CCS)

CLASSIFICATION:

• Under INA 212(a)(2). Criminal and related grounds.
• Under INA 212(a)(2)(A). Conviction of certain crimes.
• Under INA 212(a)(2)(A)(i). In general.
• Under INA 212(a)(2)(A)(i)(II). Crimes Involving Controlled Substances (CCS).

DETAILS: Alien is inadmissible (under this ground) only if the alien either is convicted of, or admits of having committed, or admits committing the above acts.

DEFINITIONS: Controlled substance

FILING DATE RESTRICTIONS: None.

EXCEPTIONS: None.

SPECIFIC WAIVERS:

1. Under INA 212(h)(1)(A) – If:

• the violation includes only a single offense of simple possession of 30 grams or less of marijuana,
• the activities for which the alien is inadmissible (under this ground) occurred more than 15 years before the date of the alien's application,
• the admission to the U.S. of such alien would not be contrary to the national welfare, safety, or security of the U.S., and
• the alien has been rehabilitated.

• the violation includes only a single offense of simple possession of 30 grams or less of marijuana,
• the beneficiary is a spouse, parent, son, or daughter of a U.S. citizen or permanent resident and
• the beneficiary's denial of admission would result in extreme hardship to the U.S. citizen or permanent resident spouse, parent, son, or daughter.

NO SPECIFIC WAIVER:

Under INA 212(h)(2) – If:

• the alien has previously been lawfully admitted to the U.S. for permanent residence and
• either:
• since the date of such admission the alien has been convicted of an aggravated felony or
• the alien has not lawfully resided continuously in the U.S. for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the U.S.