Dear Customer (name blocked for privacy)
The 1996 definition of an "aggravated felony" for immigration purposes - which is defined to include crimes carrying a sentence of at least one year in prison, as well as most drug offenses -
In 2004, this was altered and redefined by the Ninth Circuit. The ruling establishes that in the ninth circuit (Calf, Alaska, Hawaii, Oregon, Washington, Montana, Idaho and Nevada) no state conviction for simple possession of a controlled substance is an "aggravated felony" for immigration purposes, unless the offense either has a trafficking element or is punishable as a felony under federal drug laws. The ruling further established that a waiver could be obtained, via a Habeas Corpus proceeding in the Federal Court for a secondary conviction - you can CLICK HERE to read more on this decision
Unfortunately, Wisconsin sits in the 7th Circuit. Therefore, it appears, that a waiver can only be granted for a first time conviction - the person would be detained at the POE upon return.
I hope this has been helpful - best to you,
If my answer has been helpful, please ACCEPT so I may get credit for my work. If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle
