Hello, I've been living in the USA since age 7 and i'm now 21 years old and attend Florida State University in Tallahassee and I seem to have everything Obama's deferred action law asks for. My question is since I was charged with a citation misdeameanor possesion of Marijuana in 2009 in which charges were later dropped in court, would I have trouble applying for the law? Would I need a lawyer? Thank you
Criminal Defense Attorney
First ... Go Noles!!
I'm not an immigration attorney and I'd suggest you should consult one. Hopefully one of my colleagues that specializes in immigration will help us with an answer.
That said. I believe you'd qualify. Good luck.
Most likely you will qualify but it is always important to work with an attorney, particularly when there are criminal issues.
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Legal disclaimer: The statement above is general in nature, 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.
Criminal Defense Attorney
The policy, as outlined by the President, is not a law. It is simply a set of enforcement guidelines that ICE and related agencies will operate under for the next seven months or four years and seven months depending on the outcome of the next election. I would not bank on the long term efficacy of the policy pronounced by the President because it is in direct contradiction to Federal Immigration Law. I would contact an immigration attorney and attempt to get your immigration status straightened out right away. If there is a change in administration this safe harbor policy may disappear (as it should, not because it is the wrong policy, but because it is being enacted in contravention to the established statutory law).
Bottom line is to contact a local immigration attorney. In Tallahassee I recommed that you contact the Law Office of Adam Ruiz or the Law Office of Aisha Chaney. Both of those attorneys do excellent immigration work.
Its too early to know exactly for sure. According to what we know, you should be in good shape.
Here's a video on the announcement that will explain the goals and qualifications for you.
Attorney Sheehan and www.myeasyvisa.com do not acknowledge any Attorney-Client relationship here on avvo.com. These answers are general and for reference purposes only.
3 lawyers agree
First, it may depend on why the charges were dropped. In the event that the reason for the dropped charges is considered an admission of guilt then it may depend on whether a petty offense exception applies.
Once the policy becomes practice I do suggest you consult with an experienced immigration attorney who also knows criminal defense.
2 lawyers agree