Hello and thanks for this forum. I have this situation going on.
(Correction: I had the accident in 2001 BUT became Granted Disability by the Social Security Board in 2005)
Background: I came to the U.S. in 1995 when I was 16, I came here by airplane and Legal. My aunt, a long time u.S. citizen have request or claim our green cards, the process took 10 years and me and my Mother finally got here in 1995. I have never enter the U.S. Illegally.
On Feb 2000 I got arrested in an incident that was a total mistake of me being at the wrong place at the wrong time. I was in the Cement Masons apprenticeship program (Construction) and working Construction at the time. this is what happened: I was coming from work and I was in a Bus Stop, a guy I knew because I have rented a room at his mothers house was there. apparently he was selling drugs but I did not know that. he came and say hi to me to the bus stop and we shook hands, the police was already watching him (eventually i found out) and undercover police was there ready to arrest him, as I am standing in the bus stop right next to him, a few Undercover police officers came rushing and tackled him to the ground, almost at the same time I got tackled down too. drugs flew out of his pockets and his mouth and some pieces of 'Crack" happen to be right next to me as I was on the floor. they arrested him and ME. and they charged me with "possession with intend to sell" I hire an attorney and the charges where changed to 'possession of a controlled substance' (like if I was using it) I Have Never USE OR SOLD Drugs But my attorney told me to admit to the plea bargain he made, since I was scared and wanted to get out of jail (he told me with that plea ill be out the same day) I accept it but in reality I DID NOT HAVE ANY DRUGS ON ME.
they released me from jail same day (after one week in jail) I was Never put in Probation.
The court send me to drug diversion (California's Deferred Entry of Judgment ("DEJ") Penal Code 1000 PC)
and after completing a mandatory "Rehabilitation talks" I was free of any court date, court check in, calling court etc etc, they told me the case was dismissed and I could legally said that I was never arrested. end of the story, it was at the end of 2000 when the case was finally dismissed.
I have been working construction since 1998 before that arrest during that arrest in 2000 and after that arrest. In march 2001 I had an accident on my work, i was almost thrown out of a swing stage at 16 floors high, I have a brokend knee in 3 parts and I have a back injure with spine discs L3 AND L4 moved out of place. i was put on workers comp, treatment etc. I never recovered to get back to work construction, I was 2 years in therapy and after a long wait my case finally settled in 2005, I achieved the maximum recovery i could get which is not enough to work due to my condition and medication and I was put on permanent disability
from 2000. up until 2011 I have been out of trouble of any kind and prior to that incident I actually was out of trouble too.
Since 2000 Before arrest and my work accident I have been Living with my wife as I call her (not legally married) the mother of my child, she is a U.S. citizen. we have been together 11 years . my daughter is 10 years old she is a U.S citizen also.
Up until 2007 I TRAVEL every year to my country due to the cold weather for my back in winter in Northern California WITH NO PROBLEMS AT ANY AIRPORT after 2007 I was stop and questioned every time I came back from my country (Guatemala) every time at the airports BUT after explaining what I just wrote they let me back in in a nice matter.
I came into the U.S. at LAX, DENVER, ARIZONA (Yeah Arizona!) AND SFO with no Problems even tho they question me for that arrest. NOT LAST TIME, last week I came back from abroad and I was stop at HOUSTON AIRPORT I imagine It was going to be like 20 min check as usual but not this time, I was there for 5 hours, i lost my connecting flight to San Francisco where I Live My Green card was confiscated and I was Put in REMOVAL PROCEEDINGS.
Now I'm waiting for papers in the mail with a court hearing date in front of an immigration judge!
I need advice . base on what I just explained, what are my options, chances, advantages (if any) Me and My girl where thinking about Finally getting Married legally, maybe that would help ? we have been together 11 years anyways and that was in our plans for this year. Like I said I am disable, my medications include strong pain killers and I go about my day with allot of pain on my back. is there hope for me ?
If I was to be send out, I cannot work, I have no relatives that can Help me in my country and I would not be able to be with my Family. what do you think of this situation please HELP ME!
(Correction: I had the accident in 2001 BUT became Granted Disability by the Social Security Board in 2005)
Background: I came to the U.S. in 1995 when I was 16, I came here by airplane and Legal. My aunt, a long time u.S. citizen have request or claim our green cards, the process took 10 years and me and my Mother finally got here in 1995. I have never enter the U.S. Illegally.
On Feb 2000 I got arrested in an incident that was a total mistake of me being at the wrong place at the wrong time. I was in the Cement Masons apprenticeship program (Construction) and working Construction at the time. this is what happened: I was coming from work and I was in a Bus Stop, a guy I knew because I have rented a room at his mothers house was there. apparently he was selling drugs but I did not know that. he came and say hi to me to the bus stop and we shook hands, the police was already watching him (eventually i found out) and undercover police was there ready to arrest him, as I am standing in the bus stop right next to him, a few Undercover police officers came rushing and tackled him to the ground, almost at the same time I got tackled down too. drugs flew out of his pockets and his mouth and some pieces of 'Crack" happen to be right next to me as I was on the floor. they arrested him and ME. and they charged me with "possession with intend to sell" I hire an attorney and the charges where changed to 'possession of a controlled substance' (like if I was using it) I Have Never USE OR SOLD Drugs But my attorney told me to admit to the plea bargain he made, since I was scared and wanted to get out of jail (he told me with that plea ill be out the same day) I accept it but in reality I DID NOT HAVE ANY DRUGS ON ME.
they released me from jail same day (after one week in jail) I was Never put in Probation.
The court send me to drug diversion (California's Deferred Entry of Judgment ("DEJ") Penal Code 1000 PC)
and after completing a mandatory "Rehabilitation talks" I was free of any court date, court check in, calling court etc etc, they told me the case was dismissed and I could legally said that I was never arrested. end of the story, it was at the end of 2000 when the case was finally dismissed.
I have been working construction since 1998 before that arrest during that arrest in 2000 and after that arrest. In march 2001 I had an accident on my work, i was almost thrown out of a swing stage at 16 floors high, I have a brokend knee in 3 parts and I have a back injure with spine discs L3 AND L4 moved out of place. i was put on workers comp, treatment etc. I never recovered to get back to work construction, I was 2 years in therapy and after a long wait my case finally settled in 2005, I achieved the maximum recovery i could get which is not enough to work due to my condition and medication and I was put on permanent disability
from 2000. up until 2011 I have been out of trouble of any kind and prior to that incident I actually was out of trouble too.
Since 2000 Before arrest and my work accident I have been Living with my wife as I call her (not legally married) the mother of my child, she is a U.S. citizen. we have been together 11 years . my daughter is 10 years old she is a U.S citizen also.
Up until 2007 I TRAVEL every year to my country due to the cold weather for my back in winter in Northern California WITH NO PROBLEMS AT ANY AIRPORT after 2007 I was stop and questioned every time I came back from my country (Guatemala) every time at the airports BUT after explaining what I just wrote they let me back in in a nice matter.
I came into the U.S. at LAX, DENVER, ARIZONA (Yeah Arizona!) AND SFO with no Problems even tho they question me for that arrest. NOT LAST TIME, last week I came back from abroad and I was stop at HOUSTON AIRPORT I imagine It was going to be like 20 min check as usual but not this time, I was there for 5 hours, i lost my connecting flight to San Francisco where I Live My Green card was confiscated and I was Put in REMOVAL PROCEEDINGS.
Now I'm waiting for papers in the mail with a court hearing date in front of an immigration judge!
I need advice . base on what I just explained, what are my options, chances, advantages (if any) Me and My girl where thinking about Finally getting Married legally, maybe that would help ? we have been together 11 years anyways and that was in our plans for this year. Like I said I am disable, my medications include strong pain killers and I go about my day with allot of pain on my back. is there hope for me ?
If I was to be send out, I cannot work, I have no relatives that can Help me in my country and I would not be able to be with my Family. what do you think of this situation please HELP ME!
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