Tweet
I have a question and I would be truly grateful if someone could help. I am new to this, but here it goes....My husband will be serving a 5 or 10 year sentence for a federal crime..he is a permanent resident from Mexico, I know that he will be deported after serving his time, that I know is certain, but the question I have is for how long...will I have to look for a Immigration lawyer when that time comes...He is charged with federal drug charges. We have 3 sons born here in United States and I myself was also born here, I don't know if that matters to any extent, but I thought I would mention, if anyone has any answers I would really appreciate any information......
-
-
I have a question and I would be truly grateful if someone could help. I am new to this, but here it goes....My husband will be serving a 5 or 10 year sentence for a federal crime..he is a permanent resident from Mexico, I know that he will be deported after serving his time, that I know is certain, but the question I have is for how long...will I have to look for a Immigration lawyer when that time comes...He is charged with federal drug charges. We have 3 sons born here in United States and I myself was also born here, I don't know if that matters to any extent, but I thought I would mention, if anyone has any answers I would really appreciate any information...... -
a deportation normally results in a minimum 10 year exclusion - but the drug charges will mean he is permanently ineligible to receive a visa (of any kind) - and if he was in for trafficking, there is NO waiver for immigrant visas (and no consul in their right mind would ever give this guy a tourist visa - and he would still need a waiver for that [a slightly different kind, but one that does not rely upon hardship and therefore, extremely unlikely to ever be approved]Comment
-
Someone 12, I'd be interested to know what law you are relying on.
The man above is a permanent resident, married to a U.S. Citizen, and has 3 U.S. Citizen sons. Won't this count for anything?Comment
-
INA s. 212
A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
I cannot discover an exception/grounds for waiver for close family members of U.S. Citizens. This would seem to indicate that, if possible, legal advice should be sought long before your husband is deported.
Needless to state, this is not legal advice, and you should consult an attorney.Comment
-
212(h) prevent permanent resident who has committed crime categorized as aggravated felony to be eligible for waiver.Comment
-
marmaduk, thank you. I now see 212(h). Is there a definition of "aggravated felony" anywhere?Comment
-
It would all come down to the plea, and the actual charges he was convicted of. But since the offense relates to drug charges and the sentence imposed was so long, I would tend to believe he was involved in some sort of trafficking operation. That would be the icing on the cake, because if there's some sort of indication of drug trafficking, the plea agreement and other material would just be irrelevant if there's "reason to believe", that's all the USCIS needs to render him inadmissible for life.
Forget about aggravated felonies, if there's only "reason to believe" this person was involved in drug trafficking, he's inadmissible.Comment
-
I wonder: is there any way this person could acquire U.S. citizenship while in prison, based on his marriage to a U.S. citizen (that could prevent him from being deported)?Comment
-
That'd be a hard pill to swallow since every applicant for citizenship must show "good moral character" during the statutory period.Comment
-
This criminal low-life deserves to be deported. He is serving 5-10 years for drug offenses.
The fact that he has a wife and children who are American Citizens is irrelevant. I guess that he should have thought about that before making the choice to become a criminal.
Why would anyone try to help him remain in America? America doesn't need to import criminals.Comment
-
In my humble opinion, the information given by the OP is to vague to establish the fact that the individual was convicted of an aggravated felony. As we all know, the sentence alone cannot be said to determine this fact, but also the nature of the statute of conviction. Under the categorical analysis, the statute of conviction is controlling, and with the proper sentence, it could raise to the level of an AF.
We don't know the statute of conviction or how many counts he was convicted of. We don't know the reason behind the deportation, maybe it was multiple CIMT's maybe not.
Unless the OP volunteers more information, it is hard to say what's going to really happen and what options, if any, are available to this individual.Comment
-
Let me rephrase, the nature of the statute along with the sentence "imposed" (regardless of how much of that sentence is suspended) determine when an offense is an aggravated felony. The sentence alone cannot be used to make such determination.Comment
-
If the controlled substance conviction involved "trafficking" - there's no waiver for an immigrant visa:
Controlled Substance Traffickers
NIV: 212(d)(3)(A)
IV: No waiver
http://foia.state.gov/masterdocs/09fam/0940006X1.pdf
See also:
http://foia.state.gov/masterdocs/09fam/0940023N.pdf
Cheers.Comment
Comment