I WAS CHARGED IN JAMAICA AFTER I TURNED MYSELF IN . BUT MY LAWYER WAS NOT ABLE TO HELP WITH MY CASE. EVEN THE JUDGE TOLD HIM HE SHOULD NOT SPEAK FOR ME . . I SERVED MY TIME AND CAME BACK TO AMERICA BUT GUESS THEY PLAYED A MIND GAME TO GET INFO OUT OF ME. AND I TOLD THEM WHAT HAPPENED. NOW I AM IN DIFFERED INSPECTION. THE CHARGE WAS DRUGS. IT WAS 1OUNCE OF COCAINE . MY REASON FOR TURNING MYSELF IN WAS BECAUSE IT WAS DONE UNDER FORCE AND I DIDNT WANT TO CARRY IT . SO I THOUGHT IF I TURN MYSELF IN THE COPS WOULD HEAR ME BUT I WAS ABOUT ARREST . EVEN THREATEN TO SHOOT ME. I NEED HELP. I WAS HAPPY TO COME HOME . BUT THIS AND AFTER 12 YEARS THIS HAPPENED IN 2001
Not after 12 years.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
13 lawyers agree
I agree with Attorney Shusterman. Too much time has passed.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
Depends upon the statutes you were convicted of, the drug conviction in Jamaica may not bar you from applying for special relief before the immigration court in New York. Since you are under deferred inspection, it is almost certain you will be placed into removal proceedings, where you could request for such relief. In addition, you seemed to indicate the criminal counsel you hired in Jamaica was not competent. Assuming you could petition the Jamaican court to reverse that old conviction based upon ineffective assistance of counsel, it may work to solve your current immigration problem.
"Oliver" Huiyue Qiu, Esq.
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A cocaine conviction renders you inadmissible to the United States. Whether you have a viable ineffective assistance of counsel claim in Jamaica will depend upon Jamaican law and you will need to dicuss that with an attorney licensed to practice law in Jamaica.
What will happen to you will depend upon your immigration status in the United States both before and after your conviction. Consult with an experienced immigration attorney who can review your case and advise you what to expect and 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.