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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107646
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a U.S citizen and My husband is currently under going

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I am a U.S citizen and My husband is currently under going a case for a drug felony but no conviction has been determined (we have not gotten to that stage yet) . On June 8 it will be 5 years that he has been here. If he is convicted or not what are his chances of being deported

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

 

What is his current legal status in the U.S. Lawful Permanent Resident?

 

Why is it a felony? What type of drug? In what amount? Was there any buying, selling, or transporting?

Customer: replied 3 years ago.

He is a lawful permanent resident. He was given a friend a ride and this person had 100 bags of heroin on him and told the police that my husband gave it to him, now he is being charged with delivery and intent to distribute a controlled substance. no drugs were found on him or our home

Then he better hire a very good attorney and avoid a conviction for this and clearly and definitely prove that he was not involved in any way with this situation. There are 4 things in U.S. immigration law that have no pardon, that not even a U.S. Presidential pardon works, and those are fraud marriage, false claim to U.S. Citizenship, money laundering and trafficking of a controlled substance. They do not even need a conviction, all they need is "reason to believe" that he was involved in or benefited from any type of drug trafficking.

 

Here is a link:

 

http://www.state.gov/documents/organization/86950.pdf

 

IF he were to avoid a conviction or somehow get a pardon or a vacature of the conviction (sealing or expunging does not work), and IF he was to convince an immigration judge or consular officer that he was not involved in drug trafficking then MAYBE he could avoid a deportation. It would be a long and expensive road and he would need a VERY good attorney to help him. You can try to find one at http://www.ailalawyer.com/. I am truly sorry.

 

Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 3 years ago.


so basically his only chance is to avoid a conviction. also I read that a person is deportable if the conviction is given before that person has been here for 5 years and if the conviction is a year or more. so we have the option of a pardon if it comes to that point

so basically his only chance is to avoid a conviction

 

Correct.

 

also I read that a person is deportable if the conviction is given before that person has been here for 5 years and if the conviction is a year or more.

 

That is not correct. That is if he is convicted of a Crime Involving Moral Turpitude (CIMT) within 5 years. This is much more than a CIMT.

 

so we have the option of a pardon if it comes to that point

 

Yes, but that is not enough. He must still convince an Immigration Judge that he was in no way involved or benefiting from that situation.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 3 years ago.


just to be clear if no conviction is made we won't have to worry about him being deported even though this will be on his record, if he is convicted he will be deported

No. If he is convicted, he will be deported. If he is not convicted, then to avoid deportation, he must still convince an Immigration Judge that he was not involved in or benefiting from drug trafficking. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

 

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