I-192 Questions

Hi, yesterday I was caught at the Vancouver train station about to board a train to Seattle with a single joint (they wrote down 1g) (if it matters, it actually wasn't mine). The Canadian police didn't charge me, and told me I could catch the next train.

Unfortunately the Americans showed up and finger printed me, and now I'm very confused. I wasn't specifically told that I wouldn't be allowed into the US, but I was given a package which contained instructions on how to get an I-192 waiver.

So my questions:
-Will I not be allowed into the US without this waiver?
-Will this be essentially a life-long ban?
-Can I appeal this?
**I am an 18 year old student with no criminal record (nor did I have one prior to 18)
**I rarely do drugs, this was seriously just a one time poor judgment
-Do I have some sort of criminal record in the States? I was never charged with anything but I have no idea what really happened.

Ironically, I told them it was mine because I thought my American friend would get in a ton of trouble (he's on a school visa here), but it turns out that he got in zero trouble (he had pot on him too) because the Canadian police didn't press charges and as an American he can't be denied entrance into the states.

[Immigration Guy]

Well, i work with law firms helping them on their border crossing cases. i help to develop a winning case strategy...i am a former pre homeland security officer back then with an agency. I do do not work for the government anymore...however I use my experience to help win these cases...Anyway to answer your question.

A very bad mistake to admit to ownership of the joint. Did they(Homeland Security) do a sworn a sworn statement on you? Did they ask you if you smoked marijuana?? Hopefully, you did not say yes! This will not amount to a lifetime ban...for the most part. The drug issue is very tricky. You do not want to be classified as an "addict". There is a special section in the U.S. immigration code for addict.

We may be able to get you out of needing a waiver(will depend on specifics of what happened). We absolutely do not file for waivers unless you absolutely need one. Waivers can be very tricky and best left up to "qualified lawyers" professionals to prepare them. Specifically, the lawyer should be a registered member of AILA(American immigration Lawyers Association). This association has immigration lawyers whom specialize in certain areas. I am not a lawyer but i work with some of these lawyers and assist them in winning their cases.

Anyway, to get back to your question??

You asked:

-Will I not be allowed into the US without this waiver?

Answer: They will surely refuse your entry because of the incident.

-Will this be essentially a life-long ban?

Answer...probably not(Drug cases can be tricky)

-Can I appeal this?

No, there is no appeal process.

-Do I have some sort of criminal record in the States?

They may have put you into the FBI database. You are for sure in their "TECS" database.

Contact me if you need help

One of the things about those I-192 packets is they look for certain things in the application that they won't tell you they are looking for. They purposely don't include everything they are looking for.

Originally Posted by Immigration Guy A very bad mistake to admit to ownership of the joint. Did they(Homeland Security) do a sworn a sworn statement on you? Did they ask you if you smoked marijuana?? Hopefully, you did not say yes! This will not amount to a lifetime ban...for the most part. The drug issue is very tricky. You do not want to be classified as an "addict". There is a special section in the U.S. immigration code for addict.

I admitted it to the Canadian Border Agents. The US agents took a sworn statement and all they asked/all I admitted to was possession of the joint. I thought that being honest was the best policy...plus, I mean I DID have it on me whether or not it was mine, they just asked yes or no whether I had the joint.

We may be able to get you out of needing a waiver(will depend on specifics of what happened). We absolutely do not file for waivers unless you absolutely need one. Waivers can be very tricky and best left up to "qualified lawyers" professionals to prepare them. Specifically, the lawyer should be a registered member of AILA(American immigration Lawyers Association). This association has immigration lawyers whom specialize in certain areas. I am not a lawyer but i work with some of these lawyers and assist them in winning their cases. Anyway, to get back to your question?? You asked: -Will I not be allowed into the US without this waiver? Answer: They will surely refuse your entry because of the incident.

You first say that I might not need a waiver, then say that I WILL be refused entry...so which is it?

-Will this be essentially a life-long ban? Answer...probably not(Drug cases can be tricky) -Can I appeal this? No, there is no appeal process.

So it's not life-long? Is there some sort of legal process I should go through to have this end after X years or something?

Thank you for your help

[DianaIrema]

Hello
When I you said that you have experience in this field I decided to write to you.
I overstayed in US 8 years ago. 4 years I lived in NY with my husband who officially worked there. I left country voluntarily in 2004. I never was charged officially for that. I am a Canadian Citizen.
I was traveling many times without problem. But 3 weeks ago US officer at Buffalo port of entry after he swiped my son's passport (he was born in US in 2002) gave me 10 year bar until 2014 and took my fingerprints because I overstayed. In my passport he couldn't find any information that I overstayed and I did not tell him that I overstayed but he found out later.( I had my maiden name when I was in US, now I have my marriage name). I called my husband he came to Niagara and picked us up.
My questions is do I have a chance to get Waiver to visit my mother and sister who are US Citizens,
We have mortgage, house, good jobs and income. Does this factors helpfull or not?
Also I am afraid that I lied to him and did not tell him that I overstayed. COuld he gave me permanent Bar for that. Before we left Buffalo another officer gave me application for waiver and told me that they offficially charged me for overstaying and we left. THey did not give me any other letters.
Do I need to retain attorney or I can do it by myself?
Thank you very much
Diana