Denied entry to the US before, what now?

[posmond]

Good day all. I have a quick question and would appreciate any sort of feedback...

Back in 2002 I was crossing the U.S./Canada border at Calais, Maine. The border officers decided to do a quick check of our luggage and in one of my pants pockets was found 1.3g of marijuana. (I had bought the stuff a few days prior, wasn't a heavy smoker, and forgot it was there)

Anyway, I was denied entry to the U.S. for "Failure to declare 1.3 grams of marijuana" and I paid $500us for the "destruction" of the substance. I was never charged with a crime. A couple of months later I received a confirmation letter stating, "The United States government considers this case closed" There was no indication of any further punishment and/or any indication that I was banned from future travel to the U.S.

I'm hoping to travel to the U.S. in September for an NFL game in Philadelphia. Does anyone have any idea whether I will be allowed in the country or anything I could do to confirm whether I can cross the border or not.

Any advice would be greatly appreciated... Thanks in advance!

[Steven]

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

I don't know what the maximum penalty for that offence is, you'd have to look it up, but from the sounds of it if the maximum penalty is over a year, you're barred from entry into the US.

[posmond]

Thanks for the reply,

However, I've never been convicted of a crime in the U.S. or any other country for that matter. When I was denied entrance I didn't stand trial, face a judge, or anything of that manner.

Where can I find the information you posted above?

And, if anyone else out there has been denied entrance to the U.S., has any future barring from entering the U.S. been expressed to you?

Thanks again Steve!

[Reba]

Depends on the reason for denial really. Most denials are because of lack of ties to Canada, and then all the person has to do is prove they have obligations in Canada to return to (ie: full time job, home, bills to pay, etc)

They really do not look kindly upon pot smokers at all however, so at the very least, you're going to have some difficulty trying to visit. You'll defnitely be dragged into secondary for questioning and you'll be searched.

People have even been denied family/marriage based immigrant visas for admitting at interview to having smoked pot once in highschool 20 years ago!

Maybe make an appointment at the closest US consulate, and ask their advice there.

[Steven]

However, I've never been convicted of a crime in the U.S. or any other country for that matter.

It's a summary offence under customs law, if you paid a fine you admitted criminal liability. In the letter it probably gives you the actual part of the US Code, which is usually Title 19, don't know which section though. It's the same sort of thing as a speeding ticket, you pay the fine on the spot rather than pleading not guilty and going to court.

If you look up the maximum penalty for the section they cite in the letter, that will tell you what you need to know.

[royalcd]

hi there

can any one please tell me if someone who is a temp Worker in Canada and has been charged for Asault will be allowed to enter US if he is having US visa . My cousin is in India and he has been Charged IN canada and he left the Country , will he be able to Enter US ?[:)]

[Reba]

The record will be visible to US authorities, likely making him inadmissable to the US.

[angelac]

From what I remember of my stay in Canada with my 'dodgy canadian husband' and other people I've spoken to about crossing into the US, you only need to be pulled up once for possession of pot and you're barred from the US for life.
Sorry, I know it's harsh....
You could just popl down for a day-trip to the border and check it out.....Angela