Is our son ineligible for a family-based U.S. green card?

[Shadrick]

My wife gained U.S. citizenship last year. We would like to petition for her 30 year-old, unmarried son to obtain a family-based green card to immigrate from Jamaica. He was charged with "possession of about 8 ounces of ganja" in 2005 when he was 17 years old. The charge of "dealing in ganja" was discharged. There was no prison sentence. He was fined $800JMD (about $10USD). He hasn't been in any trouble since.

Under USCIS INA:ACT 212(a)(2)(a)(i)(ii) the description seems to allow for a waiver since he was a minor, has only 1 conviction, and it was more than 5 years ago. However, the description of the I-160 waiver stipulates a 1 ounce limit to marijuana charges.

Is he ineligible? If not, then what can be done?

 

[LdiJ]

My wife gained U.S. citizenship last year. We would like to petition for her 30 year-old, unmarried son to obtain a family-based green card to immigrate from Jamaica. He was charged with "possession of about 8 ounces of ganja" in 2005 when he was 17 years old. The charge of "dealing in ganja" was discharged. There was no prison sentence. He was fined $800JMD (about $10USD). He hasn't been in any trouble since.

Under USCIS INA:ACT 212(a)(2)(a)(i)(ii) the description seems to allow for a waiver since he was a minor, has only 1 conviction, and it was more than 5 years ago. However, the description of the I-160 waiver stipulates a 1 ounce limit to marijuana charges.

Is he ineligible? If not, then what can be done?

My wife gained U.S. citizenship last year. We would like to petition for her 30 year-old, unmarried son to obtain a family-based green card to immigrate from Jamaica. He was charged with "possession of about 8 ounces of ganja" in 2005 when he was 17 years old. The charge of "dealing in ganja" was discharged. There was no prison sentence. He was fined $800JMD (about $10USD). He hasn't been in any trouble since.

Under USCIS INA:ACT 212(a)(2)(a)(i)(ii) the description seems to allow for a waiver since he was a minor, has only 1 conviction, and it was more than 5 years ago. However, the description of the I-160 waiver stipulates a 1 ounce limit to marijuana charges.

Is he ineligible? If not, then what can be done?

I think that you are going to need to speak directly with a local immigration attorney on this one. With everything that the Trump administration is doing regarding both legal and illegal immigration I do not think that a internet forum is the right place for you to get advice.