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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28208
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Entred to US as refuge and received card in 1975 arrested

Customer Question

entred to US as refuge and received green card in 1975
arrested and sentenced in 1994 aggravated felony for selling 40 g of cocaine
sentence for 60 months in prisonapplied for 212 c waiver and got deniedhe is about to die from illness and wish to visit india for his religionanyhing to do to restore green card?
anything to do to travel and be abe to enter back at the airportwas 212 c denied can be appeal. look like he met the 212 c waiver
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

No, a drug conviction for more than 30 grams of marijuana is a permanent bar to the US.

You can certainly depart the US and go to India to visit your dying relative but you will not be able to return to the US.

Your waiver was denied and that was the only option of "forgiveness" available to you.

An appeal of the denial must be filed within 30 days of the decision. So depending on the date of denial you can file the appeal but you need grounds. You say you meet the 212c waiver requirements but I have no idea what you based your waiver on. And there are different standards for being deported and being found inadmissible. It is much harder to get a waiver to be admitted.

Drugs is up on the ladder of inadmissible crimes along with murder. It is very difficult to meet the burden for a waiver for a drug conviction, especially when you got a 5 year prison sentence. That meant it was a significant offence in the eyes of the judge.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 10 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

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