Husband was originally convicted in 1993, and plead guilty in 2002. Served one week incarcerated, completed probation, fees, etc. Upon attempting to re-new his green card he was informed he was unable. I am a U.S citizen. What are our options?
You must hire an experienced immigration attorney ASAP. A controlled substance criminal conviction more than likely will make him deportable. He will most likely be facing removal/deportation proceedings in the near future. Once in removal proceedings he may qualify for relief depending on his immigration and criminal records. He must not attempt to make a trip overseas at this time, it could be too risky, he may be detained upon reentry.
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It depends on the statute of conviction. Mr. Ferrari is correct about retaining an very skilled crimmigration lawyer. One thing that confuses me is why he plead in 1993 and again in 2002. Was there a motion to withdraw the prior plea? Get certified copies of everything for your lawyer as that will help him or her determine the procedural history of that case. There are simply too many missing facts to determine options at this time.
Your facts are confusing in that you are stating that he was convicted in 1993 but plead guilty in 2002. Is that for the same crime? if so, something does not make sense and you are missing relevant facts.
In any event, the conviction(s) will not technically prevent him from renewing and expired green card. However, with a controlled substance conviction that is not for simple possession of marijuana under 30 grams he is subject to deportation. Consult with an experienced immigration attorney who can review the specific facts of the case and advise you how best to proceed.
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