In the Matter of Hranka

1 Analyses of this admin-law by attorneys

  1. Waiving Drug Offenses for Admission to the U.S.

    Lippes Mathias LLPEileen MartinOctober 1, 2024

    pouse and children may be inadmissible as well for having lived off the proceeds of drug trafficking. This standard can be substantiated by a set of facts common among drug traffickers or by a dismissed or withdrawn drug trafficking charge.Only one kind of drug conviction can be waived. If an applicant can provide evidence that a conviction was based on the possession of a marijuana-based substance under 30 grams, it can be waived, at discretion, for a fee. It is common for the documents related to these matters not to state the substance, the amount, or both making these waivers difficult to obtain.There are different standards for applicants who want to visit the United States or who qualify for a visa or admission to study or work in the United States. Any of these convictions or reasons to believe can be waived for temporary nonimmigrant purposes. The standards are consistent with those for any criminal conviction or immigration violation, based on the court case Matter of Hranka, 16 I&N Dec. 491. Very specifically, Hranka sets out a three-pronged test by which a DHS officer can determine whether a waiver should be granted. The officer must assess (1) the seriousness of the offence, (2) the significance of the reason for which the applicant wishes to enter the United States, and (3) the risk of harm to U.S. society that would exist by admitting the applicant.Let’s apply that test to an applicant for a visa or admission. Drug trafficking is considered among the most serious of offences while drug possession is not. Significant reasons for entering the United States include work opportunities or spending time with U.S. citizen family members. Reasons that are less likely to result in waiver issuance include vacation trips, transit to third countries, and meetings that can be conducted remotely. The risk of harm includes an inherent test of whether the applicant is rehabilitated. Some factors considered by adjudicating officers include the recency of offences, the number of offen