My partner is now found inadmissible into the U.S.

Hi everyone,

I’m looking for advice regarding my girlfriend’s current situation. About three weeks ago, while entering from Ciudad Juárez to El Paso Texas port of entry, she was found with a joint of weed in her car that was purchased at a dispensary in New Mexico by someone else. She didn’t know it was there, it was left accidentally by her sister’s boyfriend in the back seat of the car. My partner does not consume marijuana, and took a drug test immediately the next day at a clinic to prove that there is no THC in her system. She was removed and given a Notice to Alien Ordered Removed (DHS Form I-296) with a five-year ban. The first part of the document reads as follows:

"You have been found to be inadmissible to the United States under the provisions of section 212(a), or are ineligible to be admitted as a stowaway under 235(a)(2), of the Immigration and Nationality Act (Act), or are deportable under the provisions of section 237 of the Act as a Visa Waiver Program violator. In accordance with the provisions of section 212(a)(9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States:

[X] For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 of the Act."

We’ve contacted two lawyers, and now we’re weighing two possible routes. One lawyer suggests reapplying for a student visa (she was a student in good standing at a University in Texas). It is like starting over again essentially, this route might take around 3-4 months but the probabilities of her getting denied are quite high. It is up to the discretion of the CBP officer that would be interviewing her, and if accepted, has the ability to override the previous officers decision to remove the individual for said period of time. This would allow her access again in to the U.S. with a new student visa, and resume her education.

The other lawyer suggests a marriage-based route with a pardon, but that could take about three years before the pardon is even granted. It was mentioned that this would have a greater success rate.

I'm hoping that the time frame can be shortened and have her back as soon as possible. Even a year would be reasonable for something that was not her fault. To make matters worse, this whole incident could have been avoided if my partners sister would have communicated and advised that there might be weed in the vehicle, being that the boyfriend did mention to her multiple times that he forgot the substance there. I live in New Mexico, about two hours away from the international bridge and it has been extremely difficult for both of us. Thankfully, I'm still able to see her since I do have a SENTRI passport, which makes travel more easy. She is an ambitious young woman that was pursuing higher education with no prior convictions of any kind.

Any recommendations as the best route to pursue in a situation like this? Would it be advisable to contact any additional lawyers? Realistically, what are the chances of shortening the 5 year ban? Any input is greatly appreciated.

Thanks in advance!