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Can anything be done about his legal status? Aggravated Felony, currently being held by ICE, Cuban resident.

Miami, FL |

My fiance has lived in the US as a legal Cuban Resident for the past 17 years without any criminal record. He was recently charged with an aggravated felony for marijuana drug trafficking. Even tho he had no possession or intent to traffic (separate issue). He completed his sentence of 10 months and ice picked him up 48 hrs after he was released. Being a Cuban citizen he wants to sign his deportation to be released as soon as possible. However, I'm concerned about how this will affect him. Will he ever be granted legal status again in the future? Is there anything that an immigration attorney can actually do at his master hearing (and not just take our money)? Like getting him released without having to sign the deportation papers or granting him a bond while he goes through his hearings?

Attorney Answers 3

  1. You must consult an immigration attorney in your area to protect your fiance.

  2. An immigration attorney is extremely advisable in your fiance's case! A good attorney can help him at his bond hearing or request another form of relief that he may be eligible for. He is convicted of an aggravated felony of drug trafficking which could result in a permanent ban from the US. This is serious and he should not go it alone. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

  3. Based upon these facts, it appears that your fiance was convicted of the crime, not just merely charged. There is a big difference. While you indicate there is a separate issue as to his criminal charges, that is one that begs answering.

    If he has in fact been convicted then it appears that he has been convicted of an aggravated felony for immigration purposes which severely limits the relief available to him. What options may be available cannot be determined from the limited information presented here and this forum is not the place to get case specific advice.

    You are correct to be concerned about your fiancee simply wanted to "sign his deportation." I have met with many clients who have done so only to later regret it as it forecloses options which may become available in the future. Consult with an experienced immigration attorney who can review the specifics of the case, advise you and your fiancee as to the options available, and recommend how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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