Immigration Law Questions? Ask an Immigration Lawyer.
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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?
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
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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.
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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
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.
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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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