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  1. #1
    Join Date
    Feb 2015
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    Default When is an Inadmissibility Waiver Actually Necessary

    In May of 2010 I was crossing from Canada to Fort Kent, Maine when boarder officers found a “usable amount" of Marijuana in my car. It was a roach, no measurable amount.

    I was then charged with possession of “usable amount”, written a ticket and refused entry that day. Advised by a Maine based attorney, I returned for the set court date and paid the fine (something like $100). I was then advised on my way back to Canada, by the US guards that I’d have to apply for a waiver of inadmissibility to reenter the united states.

    I have yet to do so, however now I’m planning an international trip and I’m wondering 3 things;

    1. Will this situation in the US cause me problems when entering other countries, ie; Australia?
    2. Am I able to fly through the US with a stopover at an airport like LAX?
    3. I’ve read that the inadmissibility waiver my need actually be applicable because it was only a civil infraction (a fine). Is that true, and if so, how to I rectify the situation?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Default Re: When is an Inadmissibility Waiver Actually Necessary

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    Will this situation in the US cause me problems when entering other countries, ie; Australia?
    Possibly. Immigration agencies presently share a lot of information. That's a question for an Australian legal resource or lawyer.
    Quote Quoting Media
    Am I able to fly through the US with a stopover at an airport like LAX?
    If you want to be certain that you are going to get your connecting flight, you should file for a waiver of ineligibility (Form I-192).
    Quote Quoting Media
    I’ve read that the inadmissibility waiver my need actually be applicable because it was only a civil infraction (a fine). Is that true, and if so, how to I rectify the situation?
    When you were denied entry, what section of the INA was notated in your passport as the basis for the denial of entry?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,259

    Default Re: When is an Inadmissibility Waiver Actually Necessary

    Was it a federal or Maine ticket? If Maine, it's a civil violation and will not be a problem. If it was Federal, you quite indeed can have issues entering Australia. Misdemeanors in the previous (5 or 10 I can't remember) require review. They'll likely let you pass, but it is going to delay you at the border. They are going to ask about criminal convictions both on the electronic entry document and again at the border station itself.

  4. #4

    Default Re: When is an Inadmissibility Waiver Actually Necessary

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    1. Will this situation in the US cause me problems when entering other countries, ie; Australia?
    2. Am I able to fly through the US with a stopover at an airport like LAX?
    3. I’ve read that the inadmissibility waiver my need actually be applicable because it was only a civil infraction (a fine). Is that true, and if so, how to I rectify the situation?
    1.) Probably, but you would need to check with the Australian authorities.
    2.) If you are inadmissible to the United States, you must have a waiver of inadmissibility to be admitted for any purpose, no matter how long and even if just in transit. There are no provisions for airside transit in the United States; all passengers in transit pass through U.S. immigration controls.
    3.) Based on the situation described as you described it, you're inadmissible (8 USC 1182(2)(A)(i)(I)). Any controlled substance violation, regardless of whether it's an infraction, civil violation, or whatever the case may be, and regardless of the substance involved, is enough to make you inadmissible.

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