Declared Inadmissible to the U.S. Due to a Spouse's Drug Trafficking

[Sheera]

I am Canadian citizen and was found inadmissible 6 years ago after my spouse (also Canadian) had been arrested in USA for drug trafficking. he was charged federally and sentenced to 4 years and completed his sentence. After his arrest I was allowed to travel to the US to see him and a lawyer 3 times.

Every time I crossed the border I truthfully told the cbp officer why I am going and what my spouse did.the 4 time when my spouse had a court hearing, I was asked for secondary inspection and was asked questions regarding his crime.i had no prior knowledge but was told as I am his spouse I will be found inadmissable due to being his spouse and reason to believe I have know,should have know and benefitted from my spouses illegal activity in the last 5 years.

I was told to apply for a waiver and was turned around at the border. For my spouses sentencing hearing I was able to enter USA (the lawyer arranged it ). After that I never made any attempt to enter USA. During my spouses incarceration (3years later) I finally filled out the paperwork for a waiver,which was denied 13months later due to the same reason given when I was found inadmissable.

My spouse completed his sentence and we started a fresh life 2 years ago. I always enjoyed travelling to the USA for tourism purposes, sightseeing and have some extended family and friends living there. I also have a child who I would like to take to USA for tourism purposes in the future. So now I am thinking to apply for the waiver again but wasn't sure if I should ..it was six years ago, and the clause mentioned the past 5 years. So I was wondering if I am inadmissable for 5 years from the date of the offence and have no eligibility for a waiver.

I have no criminal record and never had any brush with the law in Canada or in the USA. If I should apply again should I hire an immigration lawyer? As the waiver form,process is pretty straight forward. Any legal advice on this matter would be appreciated. Thank you very much in advance.

[Mr. Knowitall]

If you know the INA Section behind your exclusion, you will be able to determine from that if you have a five year period of ineligibility or if it is indefinite.

Pursuant to INA Sec. 212(a)(2)(C)(i) an alien is inadmissible if the consular officer or Attorney General has reason to believe that the alien "is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in [21 C.F.R. 802], or is or has been a knowing aider, abettor, assistor, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so...." That bar is indefinite and cannot be waived under Sec. 212(h).

However, family members may also be barred under INA Sec. 212(a)(2)(C)(ii), "the spouse, son, or daughter of an alien inadmissible under [212(a)(2)(C)(i)] is inadmissible [if he or she] has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity." A finding under that subsection results in five years of inadmissibility. Even after that period ends there is no guarantee that a later attempt to obtain a visa or enter the U.S. will be successful.

The five years would start from the date of the adverse finding.