The U.S. Department of State has acknowledged that Consular Officers will approve applications for persons with an expunged first-time simple drug possession conviction if they prove intent to enter the United States at one of the Ports of Entry (POE) located in the 9th Circuit. Following Lujan-Armendariz, the released U.S. Department of State cable states Consulate Officers should not find such applicants ineligible under INA 212(a)(2)(i)(II). Ports of Entry within Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington State are all located within the 9th Circuit. Persons entering any State outside of the 9th Circuit will be found ineligible for a visa and denied entry into the United States.

Source: AILA