US Resident with DACA Status Denied Re-Entry to US

DACA status denied entry

Can Telling The Truth About Past Cannabis Use Hurt Your Immigration Case?

Jose Palomar, a 26 year old resident of California with DACA status, traveled to Mexico for a brief visit to fulfill the final requirements for his Green Card application. He believed that the trip would be a brief one resulting in a Green Card, however, during a physical he was asked about drug use. Believing that it was in his best interest Palomar answered truthfully, he had smoked marijuana in the past. Palomar’s answer led to his application being halted and he was ruled as inadmissible. Now, he is facing an indefinite amount of time in Mexico.

Palomar has lived in the US since he was 6 and does not speak fluent Spanish. He applied for and was granted DACA status which he has kept up to date by filing appropriate paperwork. His DACA status has allowed him to legally work in the US and pay taxes on the income he earned. Palomar is married to an American citizen, Christine Palomar, and has two American children with her as well as acting as a step-father to Christine’s two older children. Before taking his trip to Mexico, Palomar quit smoking weed because his wife did not support the practice even though it was legal in California. He tested himself repeatedly and, according to Christine, the results were negative. Despite this, his doctor during his physical determined that he was an addict – it is unclear if this was based on drug tests or simply the admission that he used to smoke weed- effectively halting Palomar’s quest to citizenship.

What Does the Law Regarding Smoking Cannabis Mean For Me?

Unfortunately, Palomar’s story is not the only of its kind and many immigrants to the US are being caught in similar situations. Despite the fact the marijuana can be legally consumed in 33 states including the District of Columbia for medicinal purposes and 11 states for recreation, the federal laws surrounding immigration have not recognized this shift. The use of weed, even twenty years in the past, can be grounds for inadmissibility. This has led to confusion among immigrants, especially those living in states where weed is legal about how they can continue to meet the requirements of their particular immigration status.

Legal officials in San Francisco have warned that immigrants should avoid smoking, working in stores that dispense the drug, wearing clothing that could be perceived as pro-cannabis and carrying a medical marijuana card on your person.  Even US citizens that hope to sponsor family members for immigration should avoid working in weed shops because this could make the individual in-eligible to sponsor. Unfortunately, the Federal classification takes precedent over the state one with regards to immigration and although you may have legally engaged in an activity within your state, smoking is still viewed as illegal with regards to overall admissibility to the US. Therefore, immigration officials are saying that simply declining to answer the question would be a better approach than admitting you have smoked ever. The result may be a denial but you will not be deemed inadmissible to the US. However, speaking with an immigration professional is always advisable if you are concerned that this may be an issue for your immigration pathway.

Are You Worried about Being Inadmissible to the US?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

About VisaPlace Immigration News Contributor- Morgan

Read more

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Customer Reviews

I could not have asked for more! The VisaPlace team are extremely professional, they know their stuff. They gave me great information, prepared my work visa application and then prepared me for the submission process. I was successful. Got my visa. 5 stars! I would give them 6 if I could.

Tim Willisin the last week

This is not an exaggeration!!! I was truly impressed with the way VisaPlace consultants handled my case. The consultants- Emily, Lauren, Takunda and Lisa, took their time to explain to me in great deal how they were going to approach my case and how they would handle setbacks, if any. Their professionalism and knowledge of the law were superb. The minor setback that came up was quickly addressed by the team. The team constantly kept me updated on the progress/status of my application; they quickly responded to my questions/concerns. They had predicated my permanent residency to be processed within 6 -12, and Indeed it was processed and completed within 6 months. Based on my personal experience, Emily and Lauren's team are the best! They deserve 5 stars!!!!!!!!!!!

George Jakan'gayoa week ago

VisaPlace helped me sponsor my husband to become a Permanent Resident of Canada. They were extremely professional. Every step along the way was explained fully and expertly taken care of. The staff responded immediately to any questions and always handled our concerns fully, taking as much time as we needed to understand where we were at in the immigration process and what to expect next. I would recommend VisaPlace with no hesitation at all. I'm sure if we had tried to navigate the immigration process ourselves, it would have been much harder.

Shirley Corriveau2 weeks ago

Associations