My fiancee was arrested in Texas back in august 2012 his charged was "Possession of a control substance less than a gram" when court came around theres was no evidence of a control substance so they dropped his charge to a misdemeanor and was still deported and has a 10 year of cant enter the U.S is it still possible for me to fix his immigration status?? This is not the first case in Houston of police officers accusing people of suppose charges without evidence especially when it comes down to illegals!!!
It all depends. A deportation typically requires the person to remain out of the US for ten years. Unlawful presence in the US can also result in either a three or ten year bar to re-entry. A drug conviction - for any drug bother than marijuana - will result in a lifetime bar to re-entry. If the drug was marijuana and less than 30 grams, then this can be waived as long as it is the only drug related conviction.
Looks like your fiancé is out for at least ten years unless you can get the criminal case reopened and thrown out then persuade the feds to let him back early on a parole.
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