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Criminal and immigration case

Miami, FL |

My partner went to jail a few years ago for posesion. Pleaded guilty & went to drug court, all the charges were dismissed however, in a vacation trip he was stopped when trying to get back in the US they said he had problems w IRS bc of the charges. he had to be in krome for quite some time and was ultimatly forgiven in court. He was caught again with a smal amount of marihuanna in his car and the cop recommended him to leave the country he said there were no options to deportation. We are fighting the criminal case hoping charges get dismissed, but everything is unsure. I am a US citizen, and we considered marrying -been together for 9years- would this help in any way if the case were to not be dismissed at criminal court? Would marrying need happen before the criminal case is solved?

Attorney Answers 7

Posted

Make sure that you have an experienced criminal attorney assist you with the case at the state court level. Also, make sure that your criminal attorney is aware of your partner's immigration status and past criminal issues. Your criminal attorney should either work with an immigration attorney or be experienced in immigration law. These cases are tough, but if properly addressed at the State Court level, a lot of issues can be avoided with Immigration and Customs Enforcement, especially when it comes to drug charges. Good luck and consult with an immigration attorney!

Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at jlorenzon@lorenzonlaw.com. All initial constulations are free.

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Posted

I agree with my colleague. His criminal defense attorney should speak in depth with an immigration attorney to come up with a strategy that minimizes the immigration consequences to the maximum extent possible. He will also want to speak with an immigration attorney about the potential impact of the marriage if you decide to get married. One cannot legally marry for immigration purposes, but a bonafide legitimate marriage can a positive impact and open certain options for some non-U.S. citizens. Again this is something that you will want to speak with an immigration attorney about.

No information contained in this message, unless expressly denoted therefor, is intended to establish any attorney client relationship. No attorney-client relationship exists between us (Peter Acker and his associates and you) unless a written retainer or fee agreement has been signed and issued to you.

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Posted

I agree with my colleague. I would consult with an immigration attorney and a criminal attorney who can work together on strategy and a compilation of your alternatives. Wishing you good luck.

Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
www.debbiklopmanlawoffice.com
dkny430@aol.com
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com dkny430@aol.com 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

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Posted

Getting married will give your partner a basis for remaining in the US. You can sponsor him.
In the criminal court the charges must be reduced to possession of less than 30 gms or the drug charge is a deportable offense.
In the event that he gets the charges reduced to less than 30 grams and you marry him, he may be eligible for a petit offense exception or waiver in immigration court. Of course the best option is to get the charges Nolle Prossed in criminal court.
Keep in mind that an admission regardless of a finding of guilt by the criminal court is considered to be an admission of guilt by the USCIS and he will be ineligible to adjust status.
There are many technical and legal requirements that you are dealing with in this situation.
Your partner needs an immigration attorney experienced in criminal law as well as deportation defense in the case of drug charges.

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Posted

I agree with my colleagues. Your partner is facing criminal charges and the outcome (disposition) of those charges may have adverse immigration consequences. Since he already knows what it is like to me detained in Krome and to be defending a removal/deportation case, he should know that he needs an experienced immigration attorney (who handles criminal cases) on his side.

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.

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Posted

Well, these cases without all the details are not easy to answer but in general terms: the prior case that was dismissed shall not be a problem to maintain legal status. However, immigration can look at even arrests for drugs and if they have a belief that there was trafficking, the person may still be facing deportation. Since you are telling us that he was released, we may assumed that it will not affect him. Now, the possession of Marihuana charge, if less than 20 grams, can be waived through the immigration proceedings. However, this is a difficult process where there needs to be proven "extreme hardship," among other factors. First he will need a quialifying relative (residen or US citizen spouse or parents) and then prove that he leaving the US would cause to the qualifying relative "extreme hardship," which again is not easy to prove. Economic hardship alone is not good enough. This would be a subject that you want to discuss with an attorney experienced with these type of cases. If you have genuine intention of getting married, you could get married and it will help along the way. The immigration outcome is uncertain and will depend on the specific facts of your case. If the criminal charges are dropped, that's the best way to solve this problem. He shall Not leave the country until his situation is solved either through the criminal court or the immigration court. He may be deported, but if he does not try all available avenues, he is not going to know if he could have been successful. Again, the above is in general terms and you should consult an experience attorney to discuss and review all details of his case to really know what is his real chance of fixing his immigration status. Good luck. Yahima Suarez.
yslawyers@gmail.com

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Posted

Depending upon the amount of marijuana involved and the actual charge, this may or may not be a deportable offense. Taking immigration advice from a police officer is like taking advice on cooking chicken from the fox guarding the chicken coop. You need to consult with experienced criminal and immigration attorneys so that you and your partner can determine the best defenses available, both in a criminal and immigration context.

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Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore
email: jdevore@devorelawgroup.com
web: www.devorelawgroup.com

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