Client Payment Portal

Canada’s Cannabis Conundrum – 5 Things Every U.S. Visa Holder Should Know

Oct 30, 2020 | Investor Visas

By: Joseph Barnett

Canada has officially legalized the production, distribution, sale and possession of cannabis across Canada. While some foreign nationals may want to head north and celebrate, beware of potential consequences upon re-entry into the United States, and aware of your rights and the rights of U.S. Customs and Border Patrol (CBP) officers. Here are five things every U.S. visa holder should know about Canada’s legalization of marijuana:

1. Inadmissible Upon Re-Entry. The Immigration and Nationality Act is written in a way such that an actual conviction of a marijuana-related offense is not required to bar admission to the U.S. An alien can be found inadmissible to the U.S. for simply admitting to committing the essential elements of any marijuana-related offense under current U.S. immigration law, even if legal in Canada.

2. Limited Waiver Available. There’s a limited waiver of inadmissibility under the INA, but not applicable for a recent “offense”. In certain situations, it may be possible to argue that the inadmissibility charge was made in error.

3. It is illegal to bring marijuana back to U.S. Even if legal in the state to which you are traveling, it is still a federal crime and illegal to cross international borders with marijuana.

4. Searches by CBP. CBP has the right to search all persons, baggage and merchandise arriving in the United States from abroad. CBP officers may also examine computers, hard drives, and other electronic or digital storage devices, like cellphones, to obtain information concerning past marijuana use.

5. Lying to CBP. If you have consumed, our advice is that honesty is the best policy. The Immigration and Nationality states that those who, by fraud or willfully misrepresenting a material fact, seeks admission into the United States is inadmissible and may be barred for life from entering the United States. Truth, pleasantry, deference, and patience can go a long way.

It could be all fun and games for Canadians (and U.S. citizens) consuming cannabis in Canada, but for foreign nationals traveling to the United States or in the United States on a temporary visa, there can be severe U.S. immigration consequences. For more information, please visit our prior blog on this topic.

If you have any questions or would like assistance involving marijuana-related matters, including any waivers, please contact our immigration attorneys to set up a consultation for us to learn the details of your case.

Related Posts:

10 Things to Know About the New EB-5 Reform Act

By:  Wolfsdorf Rosenthal LLP On March 8, 2018, a draft of the EB-5 Immigrant Investor Visa and Regional Center Program Comprehensive Reform Act (the “EB-5 Reform Act”) was released.  This new proposal is similar to earlier congressional reform attempts but also includes new provisions that would dramatically affect the EB-5 industry – both in the short-term and long-term.  If passed, the Act would authorize the EB-5 Regional Center Program – currently set to expire on May 23, 2018 – until September 30, 2023.  This longer-term extension is welcome news, as it would provide the certainty that the EB-5 industry has lacked during the past few years. As of the publication of this blog, it does not appear that the EB-5 Reform Act has been formally introduced into Congress for debate or discussion.  Nevertheless, it’s possible that the legislation will be attached to the Omnibus bill that would fund the federal government through the remainder of the fiscal year, which is expected to be released this week.  It’s likely that if the EB-5 Reform Act is not passed in the next couple weeks, any legislative reform to the EB-5 Program before September 30, 2018 is unlikely. In summary, this may be […]

Read More

5 Critical EB-5 Investor Concurrent Filing Adjustment of Status Issues

By Joey Barnett If you have questions regarding the following information, WR Immigration will be hosting a webinar on the 5 Critical EB-5 Investor Concurrent Filing Adjustment of Status Issues. For more insight on this topic, register for the webinar here! EB-5 green card investor rules permit certain nonimmigrants who entered with visas to file concurrent Adjustment of Status (AOS) to lawful permanent residence without having to wait until the investor petition is approved. Investors have quickly learned of this monumental change and more than half of all cases filed since the new Reform and Integrity Act (RIA) have filed concurrently. The main advantage is that after a few months, USCIS will issue 5-year combination cards with both unlimited work and travel authorization. An EB-5 investment of $800,000 into a regional center project is an excellent way to open the door to the American Dream for investors and their families. Concurrent filing explained: Certain EB-5 investors in the U.S. who entered lawfully on valid non-immigrant visas may now file both the EB-5 petition (Form I-526E) and the Adjustment Application (Form I-485) together, but ONLY, if a visa is available under Chart A (Final Action Date) or chart B (Date for […]

Read More