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How long will my husband be deported to his country after he serves his sentence...

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  • #16
    What I mean is that the sentence imposed alone does not, by itself, determine when a "crime" is an aggravated felony.
    See for instance INA, as amended, when it comes to other crimes..."rape and sexual abuse of minor is an aggravated felony regardless of the sentence ...".
    You sure know this, but other people may not.


    • #17
      I believe that is what I said - if this guy is in for trafficking, there is NO waiver for an immigrant visa. He is not going to be made a USC while in prison(!) - since one major requirement is to be a "good moral character" -- somehow I don't see a drug trafficker falling into that category.
      Once deported, his green card status would evaporate, and so even if his USC spouse files another petition, it won't go anywhere even if approved.
      What surprises me is that we have not heard from the spouse telling us how her husband is not at fault, that the police and judges involved all lied to put him in jail and that he really is a good person who might have made a 'little mistake.'


      • #18
        Where did you find the definition for "aggravated felony"? And what is the difference between an ordinary felony and an aggravated one. I'd be interested to know.


        • #19
          Under 8 USC § 1101(a)(43)(B), a controlled substance offense can be an aggravated felony in either of two ways:
          (1) if it is an offense that meets the general definition of
          trafficking, such as sale or possession for sale
          (2) for immigration purposes, if it is a state non-trafficking offense that is analogous to certain federal felony drug offenses, such as simple possession, cultivation, or some prescription offenses.

          Deportability grounds.
          Conviction of any offense "relating to" controlled substances, or attempt or conspiracy to commit such an offense, causes deportability under 8 USC §
          1227(a)(2)(B)(i). A noncitizen who has been a drug addict or abuser since admission to the United States is deportable under 8 USC § 1227(a)(2)(B)(ii), regardless of whether there is a conviction.

          Inadmissibility grounds.
          Conviction of any offense "relating to" controlled substances
          or attempt or conspiracy to commit such an offense causes inadmissibility under 8 USC § 1182(a)(2)(A)(i)(II). In addition conduct can cause inadmissibility even absent a conviction. A noncitizen who is a "current" drug addict or abuser is inadmissible. 8 USC § 1182(a)(1)(A)(iv).

          A noncitizen is inadmissible if immigration authorities have
          probative and substantial "reason to believe" that she ever has been or assisted a drug trafficker in trafficking activities, or if she is the spouse or child of a trafficker who benefited from the trafficking within the last five years. 8 USC § 1182(a)(2)(C).

          A less frequently used section provides that a noncitizen is inadmissible if she formally admits all of the elements of a controlled substance conviction. 8 USC § 1182(a)(2)(A)(i). The latter does not apply, however, if the charge was brought up in criminal court and resulted in something less than a conviction (e.g., if the person pled guilty to simple
          possession but the conviction was effectively eliminated according to Lujan-Armendariz)
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.


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