Ask an Immigration Lawyer. Get an Answer ASAP.
Not sure on the exact amount but it was less than 1oz of cocaine.
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.
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).