I had a drug conviction back in 1990 and spent 2months and 2weeks in county jail in los angeles followed by 3 years probation.I was recently detained while reentering the country and told that Deportation proceedings would be started against me.My temporary Green Card was taken away and I was released after about 24hrs in detention.About a month later I received my new green card which I had applied for before I left the country.I got my Permanent Residency in September 1990.I was arrested in june 1990 and convicted in october 1990.Immigration services are saying I lied on my form230 because I did not report my arrest and conviction on there,however at the time I had plea not guilty and was not convicted of any crime and the question was about conviction not arrest.HELP
State/Country relating to question: Georgia
Spoke with a couple attorneys both of whom said I do'nt have much chance of avoiding deportation
Good afternoon, I will be happy to assist you with this.
It appears that your conviction is making you removable from the US, even though I do not know exactly what the final conviction is for, however, based on the fact that it is drug related and the amount of jail time you received, it qualifies as "trafficking in controlled substances." Since you are now being placed in removal proceedings, you will have to be eligible and apply for a relief from removal, or else the government will attempt to remove you from the United States. As your conviction is prior to April 1, 1997, you are likely eligible for 212(c) waiver, and this will be your relief from removal. If you will qualify for any additional reliefs, you may also apply. Concerning the alleged Misrepresentation, it really all depends what the question was actually asking, i.e. "arrest," or "conviction," and you will be able to argue that you did not make any misrepresentations of material fact, if it only asked about "convictions." Inasmuch as removal proceedings are complex, I highly recommend that you consult and retain an experienced Immigration attorney to be represented in Immigration Court.
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