But going back to my case... You guys said consult an attorney months ago because it could go either way. So I did.. She said she cant see them deporting me.. if anything I would just get denied and I can either appeal it or re-apply later.. or just stay a PR.
The attorney gave an opinion without showing a solid law or precedent that makes you safe. So all you have is a legal opinion that USCIS may not agree with. In such cases where deportation is on the line, it is advisable to consult 2 or more attorneys if you don't get anything solid that makes you clearly safe or clearly deportable. The law as written makes possession of 30 grams or more a deportable offense, so the attorney should show you something to counteract that if they're going to say with confidence that you won't be deported.But going back to my case... You guys said consult an attorney months ago because it could go either way. So I did.. She said she cant see them deporting me.. if anything I would just get denied and I can either appeal it or re-apply later.. or just stay a PR.
In cases where somebody has to lose their original citizenship or lose other rights in their original country if they gain US citizenship, they may decide to apply for US citizenship when they no longer care about those rights. Maybe they have sold off the farm they owned or the business they owned became worthless, or they hardly visit anymore so they don't care if they would need a visa to visit.Actually there could a opposite reason for that guy to finally apply when he was already in 60s or even 70s chilkdren are all grown up He is old but still keep important ties with oild country.
I can only say per laws, it appears that your prior offenses make you deportable. Whether USCIS, if you file for natutralization, will forward you to ICE for deportation or not is a different issue.
It seems your original charge is for possession of marijuna more than 16 onuces. Then it dropped to 4th degree and you were convicted. But 4th degree is
still about more than 2 ounces. The criteria for deportation is 30 miligram.
The attorney gave an opinion without showing a solid law or precedent that makes you safe. So all you have is a legal opinion that USCIS may not agree with. In such cases where deportation is on the line, it is advisable to consult 2 or more attorneys if you don't get anything solid that makes you clearly safe or clearly deportable. The law as written makes possession of 30 grams or more a deportable offense, so the attorney should show you something to counteract that if they're going to say with confidence that you won't be deported.
http://en.wikipedia.org/wiki/Lopez_v._Gonzales
http://www.law.cornell.edu/uscode/8/1101.html
You guys keep talking about INA ...... under INA law .... 8 U.S.C. § 1101(a)(43)(B)
(43) The term “aggravated felony” means—
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in section 924 (c) of title 18);
Aggravated felony is not only criteria for deportation on crminal ground. Deportation on crminal gounrds include but not limited to the follwing situation
(1) conviction of aggravated felony, which also serves a permanent bar to citizenship even if deportation get wavered or canceled by court
(2) conviction of crime of moral turpitude whose senetnces is one year or longer.
(3) conviction of specific crime like controlled substance withe exception of single posesssion of less than 30 grams of marijunra, certain domestic violence and certain types of firearm offense
regardless of sentence or degree of crime (misdemeanor or felony)
However it does not mean it is hopeless. Drug traffiking is hopeless but posesstion of marijuna for self use can hopefully avoid deportation. But your lawyer simply saying you will be fine, in my opinion, is wrong.
links please ... she didnt say that they couldnt put me in the process of deportation ... she said the actual removal of me from the usa to my home country. She said the most they can really do is deny me naturalization....Stop nick picking everything I say. No disrespect.
Well, you've already convinced yourself that they're not going to deport you. So go ahead and apply, it's you who will suffer if they deport you, not us.
Now you're twisting my words, Im convinced that if I apply there is chance that they will send me to deportation proceedings.. and if they do, i get a chance to appeal.. Look I understand this is a serious matter. Otherwise I wouldn't be on this board reading your none-legal legal advise. It is indeed something that can go either way.. I understand that the amount of Marijuana is alot, I did speak to a diffrent lawyer today someone well respected by the Hispanic community by being on a TV show once per week.. I figured I had nothing to lose except the $80 for the cosultation. He said that my case is very serious.. He said I should try getting the marijuana charge re-opened and maybe dropped down or maybe dismissed. he said that the amount of weed could make a key turn in the IO's point of view as well as the 3 year probation sentence.(Which i am prepared to face, but why give them the apportunity??? ) He said probation is viewed equivalent to jail time. So .................. going back to the original lawyer who said "the most they can do is deny me" I have to wait til she gets back to me. She is married to a local Judge, her secretary said they might be able to pull strings. IDK. but I will have to diclose the case on N-400. So will see what happens i guess .. Thanks for the tough advise Guys or Gals..
Even if you got it expunged, expungement doesn't matter for immigration purposes.MMM kay soo. Now I spoke to a few Lawyers in the Area of the arrest (Westchester County) NY.. One said that EXPUNGEMENT is not an Option in the state of NY..
In general it is almost impossible, but where immigrants are involved and neither the judge nor lawyer informed the defendant of the immigration consequences, it has been done in a number of cases.At last he said that reopening my case that i pleaded guilty to under oath with a court appointed lawyer is almost impossible.
I'm not sure ... but these days they normally put a statement in the plea paperwork (or court transcript, if the judge verbally told you) saying that you are aware of possible "immigration consequences" (they don't have to use the word "deportation") of pleading guilty. So I figure your approach would be to assert that you were not told of the immigration consequences, and show that nothing in the court paperwork or transcript shows that you were told.My question is how can I prove that I was not advised of deportation proceedings if I take a guilty plea?
On september of last year I came in USA under Diversity Lottery Program. I received my green card a month later and have notice that one of my first name is missing(exemple:JEAN instead of
JEAN ROBERT), obviously ROBERT is missing. I received my SSN(social security number) with the right first name JEAN ROBERT as mentioned on my birth certificate.
I have also noticed that my canadian passport (where my my green card visa was issued) missed also ROBERT. I immediately took an appoitment with the nearest canadian embassy to correct it and they did after checking my birth certificate and other relevant documents: they said all my canadian documents have all my first name correctly written (JEAN ROBERT) and the agent who issued my canadian passport 3 years before forgot ROBERT. Now I have a new canadian passport with the corrected first name JEAN ROBERT .
I am determine to have my green card replaced so I don`t know if I have to pay the fee $450 when filling the I-90 form? and how can I explain my case to the USCIS in order to have my GC replaced ?
I deeply need your help. Thanks in advance.........