Immigration Law Questions? Ask an Immigration Lawyer.
Yes, they could be excluded at the Port of Entry and sent back home. But more likely than not, they will be paroled in to the U.S., their green card taken, and then scheduled to go before the immigration judge to fight the charges or apply for some waiver if one is available.
I STRONGLY suggest hiring an attorney now with both criminal law and immigration law experience. These are complicated cases and any little thing could make a difference. You can look for one at www.ailalawyer.com. Let me know if you have any follow-up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).