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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94980
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My father is a convicted felon who was deported to the Dominican

Resolved Question:

My father is a convicted felon who was deported to the Dominican Republic after he served his time for drug possession in 1995 in New Jersey. He was deported in 1997 and was told he could not return within 7 years. In 2008 he tried to re enter the US illegaly and was caught off The Florida coast. He was sentenced to 3 Years for this. He is now in Fort Dix, NJ waiting to get out in Feb. 2011. I don't know when he is to be deported again after he gets out. I just want o know 2 things: is it possible to appeal the deportation and have him stay here under any condition, and if not, is ti possible to get him deported as soon as he gets out? Thank you. Onnexys Gonzalez.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
What was the drug and how much of it was there?
Customer: replied 4 years ago.

Not sure on the exact amount but it was less than 1oz of cocaine.

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

Unfortunately, there is no forgiveness for that in U.S. immigration law. The only waiver (forgiveness) that exists is for one conviction of less than 30 grams of marijuana. Any other substance in any other amount and there is no waiver. If there was a waiver, that's when all the positive things he has in live such as U.S. Citizen family, etc. would come into play. Since there are no waivers, he basically has the following options:

 

1) Get a full and unconditional governor's or U.S. Presidential pardon.

 

2) Hire a VERY good criminal attorney to look into the possibility of reopening his criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then he would need an agreement from the prosecutor not to prosecute him again (which they can do). You can try looking for an attorney at www.ailalawyer.com.

 

3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for him called a Private Bill.

 

 

These options essentially would eliminate the conviction so that Immigration cannot use it against him to deport him. Unfortunately, sealing or expunging the conviction does not work.

 

I am truly sorry, but he has a tough battle ahead of him. If you have any follow-up questions, I will have to get to them tomorrow as I am signing off for the evening. Thank you.

Customer: replied 4 years ago.
Relist: I also asked if it was possible to get my father deported as soon as hegot out and did not get an answer for that..
I also asked if it was possible to get my father deported as soon as hegot out and did not get an answer for that.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
If he does not fight the deportation, he should be able to sign paperwork that would expedite the deportation process. Normally they don't want to keep him detained because it costs the U.S. government money to do so. Therefore the process should be quick if he is cooperative and also if his country communicates efficiently with the U.S. government in regards XXXXX XXXXX taking him back.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94980
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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