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I am an F1, out of status (< than year) married to US citizen since 2006. I have a drug related felony, how can i get status?

Los Angeles, CA |

I was convicted with possession to sell back in aug 2003 in a police set up, did my community service and finished probation. I have been back to school since then and finally graduated last May. I have been married since 2006. I've also consulted many attorneys and it seems like no one can help me. It was a mistake I made when I was very young, is there a way that I can get a second chance?

Attorney Answers 2


  1. Immigration laws are very harsh when it comes to controlled substance convictions. As it is there is no waiver that could help you. The only possible solution would be to vacate the 2003 conviction. Hard but not impossible. We, immigration attorneys that also handle criminal cases, are hopeful that the Supreme Court rules, in a very near future, that retroactivity applies to the Motions to Vacate filed under the Supeme Court case of Padilla v. Kentucky

    Guerra Saenz, PL--Immigration Attorneys (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.


  2. I agree with Attorney Guerra.

    This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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