Deportation proceedings following n-300 ap.

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manbecdan

Registered Users (C)
My husband filed the n-400 back in 2007. After a second set of fingerprints, and a 2nd interview, he is now indeportation proceedings for a misdemeanor marijuana charge (1 3/4 oz.) from 1987.
My husband was a Legal Permanent Resident since 1969. I am a U.S. citizen by birth and we have been married for 17 years.

We have since realized that my husband's father was a U.S. citizen at birth. My husband's mother was a Mexican citizen who naturalized back in 1994.
My husband's paternal grandmother was a naturalized U.S. citizen as well.

With that being said, can we try to file for a U.S. passport and see what happens or will that just mean more trouble with USCIS?
 
Since your husband is over 18 there's no use in attempting to try and secure US Citizenship for him based on the information you have provided. At the very least you need to hire a renowned Immigration / Criminal Attorney immediately.
 
It might be worth checking if he derived citizenship through the father. It seems the mother naturalized well when your husband was an adult, so it wouldn't count. The derivative citizenship rules have changed over the years. They mostly require the father to have lived in the US for a number of years to be able to pass citizenship to a son or daughter. Unfortunately there are quite a few cases like your husband. We don't hear about many of them because I guess the government doesn't like bad publicity. There was a lady that was almost deported because of a similar old charge until the governor of Oregon had to intervene and pardon her. The name of the lady is Kari Rein.

http://www.drugwarrant.com/2004/05/kari-rein-one-small-step-toward-justice/
 
manbecdan said:
My husband filed the n-400 back in 2007. After a second set of fingerprints, and a 2nd interview, he is now indeportation proceedings for a misdemeanor marijuana charge (1 3/4 oz.) from 1987.
My husband was a Legal Permanent Resident since 1969. I am a U.S. citizen by birth and we have been married for 17 years.

We have since realized that my husband's father was a U.S. citizen at birth. My husband's mother was a Mexican citizen who naturalized back in 1994.
My husband's paternal grandmother was a naturalized U.S. citizen as well.

With that being said, can we try to file for a U.S. passport and see what happens or will that just mean more trouble with USCIS?
Click to expand...


So as I understand he got his GC through his parents.
Now, he can loose his GC due to this deportation process and re-acquire it again through you, as a husband of US citizen. In a net result, he would still be a GC, he would not have to even leave the country, some paperwork involved. For more details pls contact immigration lawyer.
 
Thank you all very much. We have hired a great attorney and will see what happens from here. I WISH we would have hired an attorney PRIOR to filing the N-400!!! DUH!
 
ganjik said:
Now, he can loose his GC due to this deportation process and re-acquire it again through you, as a husband of US citizen. .
Click to expand...

This has to assume marijunna charge is deportable but not inadmissible
(at least not permanently inadmissible)
 
crime and citizenship

I want to file N400 based on 5 years as LPR
I had exactly 5 years ago shoplifting case.
I was stopped by police in Sept and then Oct 2004 for shoplifting; both times they gave me a ticket to go to court and when I went to court for both cases the judge gave me a possibility to take an adult misdemeanor class and after I complited it he dissmissed both cases with one certificate from this class.
I want to apply for citizenship
I waited for 5 years to be since I took the class and the case (or cases) were dissmised.
What are my chances to be deported because of this crime
I worry a lot
Thank you
 
Alina, since shoplifting is a crime of moral turpitude, there will always be a possibility for deportation, even after the statutory period. You should consult an immigration lawyer before filing N-400.
 
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