Skip to main content

Can my husband re-new his green card after a narcotics felony conviction?

Downey, CA |

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?

Attorney Answers 6

Posted

Option 1: Retain a competent immigration attorney to review his criminal history and advise you accordingly.
Option 2: See option 1.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Mark as helpful

7 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

Posted

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.
Sent on the Sprint® Now Network from my BlackBerry

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

Mark as helpful

5 lawyers agree

Posted

It is not that he cannot renew green card. Problem is that if he tries Immigration will likely find out about the conviction and he could be placed in deportation. He really needs to speak with on immigration lawyer.

415-871-0714 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration defense lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.

Mark as helpful

4 lawyers agree

Posted

I would suggest that you also speak with the lawyer about filing a "Padilla" Motion to Vacate his 2002 conviction. While the conviction stands, I'm afraid your husband is in a very dangerous predicament.

Mark as helpful

4 lawyers agree

2 comments

Luis Alberto Guerra

Luis Alberto Guerra

Posted

Great point to consider in this fact pattern.

Howard M Lewis

Howard M Lewis

Posted

I agree with counsel.

Posted

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.

Mark as helpful

2 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics