Immigration Law

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I have a question. And I own a card. I was charged inn court…

Customer Question
I have a question ...

I have a question

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes and I own a green card. I was charged inn court for possession if 3g marijuana and would like to know what would happen when I leave and come back from the xmas holidays

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it

Submitted: 8 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/15/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,778
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Have you been convicted already?

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Customer reply replied 8 months ago
a couple days ago in the state of VA right outside DC where marijuana (medicinal & recreational) is legal but apparently not in VA.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

If you leave the US and return to the US, you can be placed into removal proceedings for use of a controlled substance. I would not recommend that you travel outside the US until you become a US citizen.

Good luck to you and I hope this answer has helped you.

Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. The question will NOT finish or close after you click and rate me. DON'T WORRY. It will stay OPEN after you rate me and I can continue to answer your follow up questions at no additional charge, if you have any.

The stars are very important. If you don't RATE , I receive zero credit for my time with you. Hopefully you can rate me 3 stars or more. 5 stars rating is the best!

Again, if you have additional follow up questions for me, please ask and I will be happy to clarify. Your satisfaction is my #1 goal.

Any bonus you feel I earned is always very appreciated. For any NEW questions you have in the future that you would like only me to answer, you can begin the new post with the words "FOR JEN."

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Customer reply replied 8 months ago
Hi,
I do not think you fully understand my question here. Been inadmissible at the border is the same as been inadmissible for citizenship. Therefore I still will need to follow some proceedings to remedy the situation. So my question is what is the process I have to undertake, how early can I take it and how long does the process takes in average. Last, will I be able to get a document before my travel or not?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

No, you are incorrect. Being inadmissible once you depart the US and seek to come back in is DIFFERENT from applying for citizenship. You can apply for citizenship even with these charges, but you should wait. It's recommended that you wait at least 5 years from when you were arrested to have the best chances of approval, but you can try it before if you would like. The process takes about 5-7 months.

There is no process that you can undertake with immigration to be able to travel with a conviction for marijuana. There is no travel permit to forgive that temporarily. There is a process with the criminal court, which is trying to get the conviction vacated as if you never got it. If you do that, it's different. If it wa your first offense, I'm not sure why you were not able to get it dismissed.

I'm sorry, I wish I had better news about it. I hope you can understand that I don't make the laws. I only explain them to you. I hope you can rate me based on my service and not whether's is great news or not.

Best of luck .

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

Hello.. I see you were able to view my answer. Did you have any other clarifications that you needed so I can earn your good rating?

Please note that's the only way we receive any credits as experts on the site.

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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).

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