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Kathryn Renee Weber

Kathryn Weber’s Answers

2 total

  • 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.

    He was held with drugs in the year 1984 couldn't make bail and was eventually release after about four months on probation with time serve.

    Kathryn’s Answer

    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 be eligible for a relief entitled Cancellation of Removal for Lawful Permanent Residents. His eligibility for this form of relief would depend on the nature of his conviction, the amount of time that he has been living in the United States, particularly before his conviction, and the amount of time he has had his green card. You should consult with an experienced immigration attorney to determine your boyfriend's eligibility for this relief if he is placed in removal proceedings.

    Your boyfriend should also consult with an immigration attorney before filing Form I-90 to renew his green card. Fingerprinting is required to renew the green card and may spur the DHS to place him in removal proceedings if his conviction is a removable offense. Your boyfriend should know his options for relief from removal before filing anything affirmatively.

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

    my brother got a poss of c/s less than 4 grams and he got deffered adjudication for 3 years but he revoke the probation and was arrested again for poss of c/s less than 1 gram and now he was detain by immigration but he has a green card and has li...

    Kathryn’s Answer

    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 is that the U.S. Supreme Court granted a petition for a writ of certiorari to review the Fifth Circuit's decision. The issue in the case is whether a second or subsequent drug possession offense is ipso facto an aggravated felony, or whether only recidivist convictions render a non-citizen an aggravated felon. See U.S. Supreme Court Case No. 09-60, Carachuri v. Holder. The U.S. Supreme Court's decision in Carachuri may materially affect your brother's case, possibly allowing him to apply for a form of relief called Cancellation of Removal during his removal proceedings. You should contact an immigration attorney who is experienced in removal proceedings, criminal issues, and appeals to discuss your brother's case.

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