Waiver under 212(c)

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Xochiquet

New Member
My brother was convicted of an aggravated felony for distribution of Marijuana. He was not the one doing the business nor was a drug addict, it was his friend, but for not disclosing the name of the person the attorney told him that it was on his best interest to plea guilty and that way he would not spend years in prison. He was told that he would be able to ask a judge to waive his conviction after ten years.

Can this be done? He was charged back in 1993 and was deported in 1995. At that time I was a minor and couldn't help my brother and my parents did not have money to afford an attorney besides that he was move to a facility far away from us to be deported and we couldn't visit very often. Now I am trying to re-open his case and I see that the Arlington County court gave him probation not jail time for his plea to guilty in the distribution of marijuana .... but immigration took him out of the house one night and processed him for removal he was a legal permanent resident.

What are my options is the 212(c) one of them since he was removed prior April 1, 1997. His entire family lives here in the USA, can he qualify for a family unit waiver? Or do I have to re-open his criminal case and show that he did not have a good attorney representation and that he was not guilty but he was advised to do so by the court appointed attorney because he refused to provide the name of the person that was doing the selling of drugs. He refused because this man threatened with going after his family if my brother disclosed his name.
 
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You can sugar coat it all you want, he is involved in the drug trade. The United States doesn't need another POS like him. Go ahead a re-open his case, maybe they will give him jail time this time before he gets deported, but how does one re-open and attend a trial when they are outside the United States, can't come back without permission otherwise he can go to jail for illegal re-entry. I find it funny, that you know that he is guilty, but want to blame everyone but him for piss poor choices.
 
I did not posted my question for ignorant people.... but thanks for showing it.

For your info. Yes, I can ... I have a lawyer ....

Now burn all that you want because like it or not if illegal aliens that commit criminal acts in the USA get second chances what makes you think that someone that did things the legal way cannot get a second chance.


Investigate before opening your big mouth and show your ignorance
 
Xochiquet said:
I did not posted my question for ignorant people.... but thanks for showing it.

For your info. Yes, I can ... I have a lawyer ....

Now burn all that you want because like it or not if illegal aliens that commit criminal acts in the USA get second chances what makes you think that someone that did things the legal way cannot get a second chance.


Investigate before opening your big mouth and show your ignorance
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Well if you don't like what you hear than don't post. I have yet to hear of a LPR able to return after being convicted of an agravated felony for selling drugs. I have two words for you, good luck..
 
trialanderror83 said:
Well if you don't like what you hear than don't post. I have yet to hear of a LPR able to return after being convicted of an agravated felony for selling drugs. I have two words for you, good luck..
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hmmm

dafortycal said:
You can sugar coat it all you want, he is involved in the drug trade. The United States doesn't need another POS like him. Go ahead a re-open his case, maybe they will give him jail time this time before he gets deported, but how does one re-open and attend a trial when they are outside the United States, can't come back without permission otherwise he can go to jail for illegal re-entry. I find it funny, that you know that he is guilty, but want to blame everyone but him for piss poor choices.
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take it easy you guys...he is just asking a question. If you don't feel like answering, then don't, no need to demean somebody.
 
Xochiquet said:
What are my options is the 212(c) one of them since he was removed prior April 1, 1997. His entire family lives here in the USA, can he qualify for a family unit waiver?
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It's been more than 15 years since the removal almost which is good. There's some obscure law I read that said 15 years of squeaky clean existence helps a lot. Now as far as the waiver, that sounds good but look into the 15 year period which is almost here.

Xochiquet said:
Or do I have to re-open his criminal case and show that he did not have a good attorney representation and that he was not guilty but he was advised to do so by the court appointed attorney because he refused to provide the name of the person that was doing the selling of drugs. He refused because this man threatened with going after his family if my brother disclosed his name.
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The nice thing about opening the criminal case again is the statute of limitations has expired for the felony has it not? So he can't be convicted now unless he's been up to the same tricks in which case he might be charged with operating a continuous criminal enterprise. Statute of limitations for most felonies not involving murder is 7 years I believe but anyway your case is very complicated. Look up the 15 year "rehabillitation" regulation your brother might qualify for that.
 
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