I was recently refused a land border entry into the united states to do possession of drug paraphernalia.
I live in Ontario, and was trying to enter at the blue water bridge, when I was placed in secondary, myself, wife and vehicle were searched.
A wooden pipe, was found in the back seat. It must be noted that, as I do not smoke pot, it was not mine, but I have deduced it belonged to a co-worker who I gave a ride home recently.
I was refused entry, after spending 4 hours in interrogation. Now I have a refusal to enter, and cannot go back into the US. In addition to this I was charged 500 dollars for the offense.
The problem is I attend church in the united states and am thus unable to attend. In addition to this I was supposed to attend a wedding, but now am unable.
My question is, what do I have to do to return to the US. Has anyone else gone through this, and what did you do to become eligible for entry. How long did it take?
Please answer with as many details as you can remember, I am broken up about this, as it was because of a good deed, that I am now being punished.
The border officers gave me no indication as to how long I would be refused entry.
Thanks much
Jeff
Answers & Comments
Verified answer
Section 212(a)(2)(A)(i)(II) would have been the charge used to refuse your admission. An alien may be found ineligible if he or she admits to committing the essential elements of a drug violation in lieu of a conviction under INA 212(a)(2)(A)(i)(II). The $500 penalty you paid was not a fine, and does not constitute a conviction.
However, you were in possession of drug paraphernalia, and that is a controlled substance violation. Being inadmissible under INA 212(a)(2)(A)(i)(II) is a perpetual bar.
Under INA §212(a)(2)(A)(i)(II), aliens who have been convicted of, or who admit to having committed, or who admit to committing acts which constitute the essential elements of a a violation or conspiracy to violate any law or regulation of a State, the United States or a foreign country relating to a controlled substance as defined in s.102 of the Controlled Substances Act are forever inadmissible.
The CBP has opened an Admissibility Review Office (ARO) that will work with the U.S. Department of State (DOS) to determine whether persons who are legally inadmissible will be permitted to travel to the U.S. as nonimmigrants with waivers. You can apply for a waiver if you wish.
You can mail the application directly to:
US Customs and Border Protection
Admissibility Review Office
12825 Worldgate Dr
Herndon, VA 20170
See the link below for full instructions.
There seems to be a lot that you are not saying, if you were interrogated for 4 hours there is no way they did not inform you of the reason you were there and the consequences that were about to be levied against you.
when they told you to return to Canada I'm sure they also advised you of the reason and I refuse to believe that they simply sent you back and not told you what your options were.
That's about as believable as not knowing that the pipe was in the car.
I was a prosecutions officer with immigration for four years and conducted my share of interrogations which is why I find your story just a tad hard to believe.
a million. The cop became into no longer an asshole, he became into doing his job, and you have been violating the regulation. take care of it. 2. the fees have no longer something to do with the K2, they ought to do with the marijuana, end questioning you may get out of this simply by fact K2 is criminal. 3. via possessing the bong out interior the open and smoking a substance comparable to marijuana, you gave the officer in all probability reason to seek the vehicle for extra drugs or drug paraphernalia. He had criminal reason to seek the vehicle. You have been inquiring for a seek of the vehicle once you have been smoking K2 in a shifting vehicle out of a bong. This actuality on my own demonstrates your loss of judgment and elementary experience. 4. that's not correct how little marijuana you had, the element is you nonetheless had some, and that's what you're being charged with. 5. You broke the regulation and you do no longer think of its truthful which you will courtroom??? you is in simple terms no longer waiting to chat your way out of this, in actuality, in case you circulate into courtroom with the comparable innovations-set you expressed in this positioned up you will piss off the choose and in all probability face a harsher sentence.
You either spend a ton of money now for a US immigration lawyer or you find a church in Canada to worship at.
You may never be abe to travel to USA again. In your post, you don't really give any details, as to what section of the law you were denied admission under (?), etc. You should consult an attorney and let them see the paperwork you were given by the CBP. Sometimes it is possible to obtain a waiver as a non-immigrant.
You are most likely now banned for either 10 years or for LIFE as your US record will now say you are a drug user (even if it is not true). USA is violently ANTI-DRUG of any kind.
Below is a story from another canadian in BC who uses medical marijuana. She too tried to cross the border into USA and she too was banned.
http://www.cannabisculture.com/articles/5218.html
Banned from USA for using medical marijuana (which is legal in Canada)
drugs and material related to them are against the law in America and Canada. I would write the department of immigration and get some answers.