Immigration Law: Aliens who are suspected to have trafficked a controlled substance cannot obtain a green card

Posted by Camilo Espinosa on October 23, 2013

Inadmissible aliens are regulated according to federal statute 8 U.S.C. §1182.

Noncitizens attempting to enter the United States can be excluded if they violate, or are found to already have violated any of these requirements. One such requirement that frequently presents issues for clients is 8 U.S.C. §1182(a)(2)(C), which renders persons ineligible to enter or remain in the United States if the government has at minimum a reason to believe they have trafficked in illicit or controlled substances.

Case law establishes the requirement that the evidence supporting exclusion or removal must be “reasonable, substantial and probative” Garces v. U.S. Atty. Gen. According to the Eleventh Circuit in Garces, a vacated guilty plea and various arrest reports do not constitute reasonable, substantial and probative evidence of trafficking in illicit substances. As a result, just because there some arrest reports against you, it does not mean that you are ineligible to get a green card. We would need to look at the facts of your case in order to make a determination whether the evidence is reasonable, substantial and probative.

Please contact one of our attorneys from LOIGICA, P.A. to help you with your immigration case. We will assist you during all your immigration procedure, from the beginning until your relative obtains his/her green card. We look forward to helping you.

Topics: Immigration Law