Exclusion

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my2daughters

Registered Users (C)
Since I posted this, we have met with atty. We´re told that first we need to get past conviction thrown out. This process is quite expensive and no guarantees are given.
Can anyone familiar with this topic please assist? Any changes in the laws?

Here is my post from Nov 2010.

Thanks!


My dad is from Cuba and came to the USA in 1980. In 1984 he was convicted of the following and served almost 5 yrs. in prison.

a. TRAFFICKING IN COCAINE
b. CONSPIRAY TO TRAFFICE IN COCAINE
c. POSSESSION OF FIREARM

He was not a resident at the time, although he had applied, but it was not processed.
He was freed in 1987 and has been clean ever since. He's a born-again-christian.

Does anybody out there know if there is any relief avail. for him? My mom & dad have been married over 22 yrs. and she's an American citizen. In the past, they've contacted different lawyers, but I think his case is kind of complicated and they've said to forget it!

Any advise would be appreciated. I think that once someone has paid their dues to society they should have a second chance.
 
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my2daughters said:
My dad is from Cuba and came to the USA in 1980. In 1984 he was convicted of the following and served almost 5 yrs. in prison.

a. TRAFFICKING IN COCAINE
b. CONSPIRAY TO TRAFFICE IN COCAINE
c. POSSESSION OF FIREARM

He was not a resident at the time, although he had applied, but it was not processed.
He was freed in 1987 and has been clean ever since. He's a born-again-christian.

Does anybody out there know if there is any relief avail. for him? My mom & dad have been married over 22 yrs. and she's an American citizen. In the past, they've contacted different lawyers, but I think his case is kind of complicated and they've said to forget it!

Any advise would be appreciated. I think that once someone has paid their dues to society they should have a second chance.
Click to expand...

Forget it!
 
Last edited by a moderator:
212C only applies to LPRs with a minimum of 7 years of legal presence. Since he was arrested within 4 years of entry while still not an LPR he is not automatically eligible for relief so at the very least he would need to look for other loopholes in appeal proceedings. However since his entry was inspected he may be eligible for 240A(b) considering all the conviction and jailtime was done well before 1996 when the laws changed drastically. He still would probably have to go through the BIA and the Circuit court if he isn't fully qualified for either one of these forms of relief.

Also, now that Cuba after 40 years has started to normalize relations with the US they are agreeing to start taking back some of their citizens so your dad needs to move pretty fast now. If he is particularly afraid of moving to Cuba he may be able to open an asylum case with some third country. Also, the fact that his removal will cause hardship to many USCs is in his favor. Also, being squeaky clean for more than 15 years is also in his favor.
 
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