Immigration Law Questions? Ask an Immigration Lawyer.
I have to wait for him to call me again from jail, probably on the weekend to find out exact details about convictions and sentences. He is from China since he was nine years old. Not a US citizen but has a son who is. Not able to speak or write in Chinese native language at all if he is sent back
Also, please find out if he is a U.S. Lawful Permanent Resident and how old his son is. No need to respond to me now, just respond when you have the information. Thank you very much.
he did not call me collect from jail yesterday so I have nothing new to report as yet
I finally have a lot more information after speaking to my friend from jail this evening
My friend's name Jason Zheng (Youru Zheng) Franklin Correctional Facility Malone NY. Original Bin # XXXXX (1992) Drug Conviction Copped plea Deportation rights not read, given papers 1996 Case that he wants permission to file late appeal based on Pedilla Vs Kentucky #08651, Case #XXXXX 359U.S.356. (His deportation papers are being processed right now only based on that 1996 notice, nothing to do with his current case. Right now serving 5 yr term case #XXXXX to be released 12/30/13, finished time. He is US Lawful Permanent Resident since age 7 from China, not citizen Son is 16
I don't know exactly but he was selling drugs, I don't think there is any trafficking between states or countries. He kind of knows what he thinks he is trying to do and wants to file a permission for late appeal to stop the deportation papers that are in the works, but he insists only from the 1996 time, and not about his current sentence, which he has served by the end of this year
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. As I said, 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:
IF he were to 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 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 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 to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, 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/ and make sure you type: FOR GUILLERMO on the subject line. 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).