28yr old drug conviction-denied entry

I am married to a US citizen I met in the USA while working on an H1A visa. I was granted a waiver on a drug conviction which allowed me entry for 15 months. Applied for green card - denied because of the drug conviction which involved the sale of marijauna, less than one ounce. Now living in New Zealand. My husband and I also have a daughter who was born in the USA. Under the Immigration and Naturalisation Act 212(a)(2)(c)I have been deemed excludable for life. INS says there is no waiver available even though I was granted entry in the beginning. Does this mean my husband and daughter will never be able to live in their country unless we separate. Separation is not an option for us. We would appreciate any help we can get.
Diane Foster


(American citizen).

I think If I were you I would ask the advice of a good immigration attorney. It seems really unfair that you are being excluded for a felony from 28 years ago. Surely there must be a "time spent" on these cases. Some of the attorney's will give you a free advice phone call or a one off consultation fee. It's worth a try!!

One suggestion - you might ask the local Congress person for help. But before you do, have the argument developed by a knowledgeable lawyer. If you have a good record and contribute to the community s/he'd know how to make a sympathetic case and give you a good chance to get the Congrss person to introduce -- and get passed -- a "private bill" that would make the general law inapplicable, and allow you to stay together.

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