안녕하세요

해당 케이스가 기각이 된다면, 추방재판까지 진행이 되지 않을확률이 높지만, 만약 기각이 되지 않는다면, 추방재판까지 준비하셔야 하실듯 사료됩니다.

감사합니다.

아래 글을 참조하세요.
불법무기관련 범죄는 추방사유입니다
Firearms Charges

Generally,

firearms offenses are
a) not grounds of inadmissibility,
b) but rather grounds for removability
i) under §237(a)(2)(c).

This section
a) of the INA

1) implicates any offenses
a) under any law
b) of
i) purchasing,
ii) selling,
iii) possessing or
iv) carrying ...
A) of
A) any firearm or
B) destructive device
(a) as defined
(i) in 18 USC §921(a)
(ii) as a ground for removal
(A) after admission.

18 U.S. Code § 921 - Definitions

(3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
(4) The term “destructive device” means—
(A) any explosive, incendiary, or poison gas—
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and
(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.
The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.
(5) The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(6) The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.
(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

참고로 추방이외이 입국불허사유로도 단순총기소지는 아래와 같이 이해됩니다.


the simple possession firearm offense would not be considered offenses
a) that would trigger grounds of inadmissibility.51

However,

if the simple possession firearm offenses is coupled with other aggravating factors,

1) then there is a possibility that
a) the offense could be classified
i) as a CIMT.