LPR since 1995, Disabled in 2001 Facing Removal Proceedings in 2011!! HELP ME PLEASE!

LPRHERE

New Member
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! :(
 
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HE ALWAYS MAKE SURE I'M OK. Im not going to worry about this!

יהוה Jah Bless ! Jah Jah! Fai'Jah

ONE LOVE.
 
Wow Dude, that's very unfortunate. I can see how that could happen. A lawyer messed up my Green card application and caused it to get denied. Back to your question.
1. Since you're in deportation proceedings, the only benefit you can file for is COR for LPR. However because your stop time is 5 years, they will say you're not eligible to even file for it.
2. The plea is very very damaging. Because it was for crack. If it was Marijuana you would have had a chance. But not other drugs. That automatically makes you inadmissible.
3. Marrying your girlfriend will not provide any help in your case. And could potentially hurt you even more if they think you're doing it for the sole purpose of doing your deportation. But I don't think that's likely.
You need a good lawyer and good luck.
 
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