Can Apply for asylum?

[Betty Tobon]

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My mother is been in this country for 8 years under permanent resident card.
her criminal record was clean until april/2004, all her family live in this country for 30 years including her kids. We are from Colombia and we suffer from persecution and kidnaping. Right now she is on jail for drugs until 03/2007; on september of this year her resident card expire.
Do she have any posibility to stay in this country with her family, we don't have nobody left on colombia.


betty

 

[wantmygcnow]

undefined
My mother is been in this country for 8 years under permanent resident card.
her criminal record was clean until april/2004, all her family live in this country for 30 years including her kids. We are from Colombia and we suffer from persecution and kidnaping. Right now she is on jail for drugs until 03/2007; on september of this year her resident card expire.
Do she have any posibility to stay in this country with her family, we don't have nobody left on colombia.


betty

I doubt it. IF she is in jail for drugs possesion, its a big deal. They will deport her once she is out..She will have no rights to asylum as she has a record.

 

[empanado]

I am pretty sure she can't...a felony bars you from most immigration benefits in the U.S.

Probably they'll take away her green card, and deport her back to her home country on the spot.

I'd suggest talking to a very good and expensive lawyer, maybe s/he can give you some ideas.

 

[floyd]

undefined
My mother is been in this country for 8 years under permanent resident card.
her criminal record was clean until april/2004, all her family live in this country for 30 years including her kids. We are from Colombia and we suffer from persecution and kidnaping. Right now she is on jail for drugs until 03/2007; on september of this year her resident card expire.
Do she have any posibility to stay in this country with her family, we don't have nobody left on colombia.


betty

As she already has a green card, she can't apply for asylum. I know about one lawyer in Boston who specializes in Immigration+Criminal cases. It is a very specialized area--I'd recommend you talk to your state's bar council's attorney referral service to look for attorney's who match that criteria.

The lawyer in Boston is www.lawjbr.com: I have no personal experience but I read about one of his cases in the paper. He managed to overturn the deportation in a case very similar to your mother's.

Floyd

 

[thankful]

What kind of drug conviction? In general drug convictions are taken almost as seriously as murders (the national war on drugs). In other words they make you ineligible for almost all types of immigration reliefs. The only possibility is if you have fear torture back home.

 

[jubilee]

here indeed good example show us how the immigration paper is so "weak"..
one mistake can destroy your whole life..
good criminal lawyer is you mother way out ..do not think about apply for asylum but focus about reduce the charge by showing the district attorny or the judge your mother hardship..then you can hire immigration attorny to renew the green card.
Im sorry about what happen to your mother ...

 

[SINNERSROOM]

undefined
My mother is been in this country for 8 years under permanent resident card.
her criminal record was clean until april/2004, all her family live in this country for 30 years including her kids. We are from Colombia and we suffer from persecution and kidnaping. Right now she is on jail for drugs until 03/2007; on september of this year her resident card expire.
Do she have any posibility to stay in this country with her family, we don't have nobody left on colombia.

betty

she will be deported .she was lucky to get only 3 years
(not a life in prison).You should consult with criminal and immigration lawyers .If u have any new evidence which would prove she was not guilty.or if she had been forced to do it.or If your Mother has useful info for this goverment which would save 100s lives where US goverment may forgive her.she might be eligible to stay in this country.If not try Canada to apply for asylum.

 

[jackdanie7]

She is inadmissible under INA: ACT 212 (2)(A)(II), meaning that she will be denied on all her future USCIS applications. When she files a I-90 to extend the validity of her Permanent Residency Card, USCIS will most likely find out about her criminal record when she submits her Biometrics. Whether or not she will be deported upon her release will depend on how knowledgeable the correction officers are at the facility where she is being held. If she is released without deportation, she may have a chance to stay in this country with her family, although she will have to be illegal until they change that part of the law.

Sorry for being pessimistic but the drug law in this country towards immigrants is ridiculously strict, even though the great visionaries, i.e. Sensenbrenner, themselves probably powder their noses more often than the average vacuum.

 

[usa2002]

I am sorry but people who deal in drugs are evil. I see every day at work once promising lives completely destroyed by drugs. Selling drugs is worse than murder. These kind of people will be deported without ado. We should adopt the Singapore approach--executing drug dealers without exceptions.

 

[thankful]

She is inadmissible under INA: ACT 212 (2)(A)(II), meaning that she will be denied on all her future USCIS applications. When she files a I-90 to extend the validity of her Permanent Residency Card, USCIS will most likely find out about her criminal record when she submits her Biometrics. Whether or not she will be deported upon her release will depend on how knowledgeable the correction officers are at the facility where she is being held. If she is released without deportation, she may have a chance to stay in this country with her family, although she will have to be illegal until they change that part of the law.

Sorry for being pessimistic but the drug law in this country towards immigrants is ridiculously strict, even though the great visionaries, i.e. Sensenbrenner, themselves probably powder their noses more often than the average vacuum.

Well, it is a reasonably safe assumption that prison authorities have put an immigration detainer on her file. A detainer is a notation that the person should not be released upon the end of his or her sentence but should be turned over to another agency (in this case, the immigration agency).

 

[windchime]

undefined
My mother is been in this country for 8 years under permanent resident card.
her criminal record was clean until april/2004, all her family live in this country for 30 years including her kids. We are from Colombia and we suffer from persecution and kidnaping. Right now she is on jail for drugs until 03/2007; on september of this year her resident card expire.
Do she have any posibility to stay in this country with her family, we don't have nobody left on colombia.
betty

Before her jail term expired, she will be certainly picked up and detained by Immigration and put in removal proceedings, at which time she could express a fear of returning to her country. If that is the case, she would be given a resonable fear interview; however, the most she could get from the Judge is Withholding of Removal. If a bar applies and she could prove that there is a reasonable possibility that she would be tortured if returned, the Judge would grant a deferral of removal.

Since your mother has been here for 8 years and other family members over 30 years, it is difficult to express a fear of persecution or torture being away from Colombia because she would have to prove her fear is based on one of 5 protected grounds. This required nexus would not be necessary if she claims fear of torture.