Expert Advice When You Need It Most

Kathryn Renee Weber's Answers

Kathryn Renee Weber
Chicago Immigration Attorney.
Contributor Level 4

1

Attorney answers:

  1. Kathryn Renee Weber

Hi my boyfriend had his green card & now he wants to reapply but he has a B FELONY do you think he will get his green card back.

Asked by a user in Brooklyn, NY - about 3 years ago.

I have a few follow-up questions.... 1. Was your boyfriend placed in removal proceedings (deportation proceedings before an Immigration Judge)? 2. How long has he been a Lawful Permanent Resident (green card holder)? 3. What was the exact charge for which he was convicted (i.e. possession of a controlled substance? If so, what type and what was the quantity?) 4. How long had he been living in the United States before he was convicted? If he has been placed in removal proceedings, he may...

2

Attorney answers:

  1. Ignacio Pinto-Leon
  2. Kathryn Renee Weber

My brother has two prior convictions for two minor drug possessions and now he is detain by immigration but he has green card?

Asked by a user in Mcallen, TX - over 2 years ago.

I'm very sorry to hear about your brother. Are his two possession of controlled substance convictions from Texas? The U.S. Court of Appeals for the Fifth Circuit (which includes Texas) has held that any second or subsequent possession offense constitutes a drug trafficking aggravated felony as defined by the U.S. immigration law. Individuals who are placed in removal proceedings and found to have been convicted of an aggravated felony have very few options for relief from removal. The good news...