my significant other is serving 20month sentence for a drug felony. he has been in the US since he was 3yrs old. Recently renewed his permanent status before this happened. We have 5 children together he has not been back to Mexico since he was a teen, he is 36yrs old. Is there something that can be done to avoid the deportation. is there a petition or waiver that can be filed? or should he just file voluntary departure? please i need help don't know what to do. This is tearing my family apart my kids 13, 11, 5, 3, 2 yrs of age the little ones cry daily for him and the older ones don't want to go to live in Mexico b/c of all the violence thats going on. they need their father i need him too. please help
The previous answer is absolutely correct -- aggravated felonies are difficult to get around when it come to deportation proceedings, the court in Seattle takes these issues very seriously. You can always file a petition to remove the conditions of ineligibility or a Petition for asylum, but they have a very low success rate and it can be expensive.
Your best option might be for him to do a voluntary departure and you move down to the border with the children so you are in close proximity to him when he leaves, i.e. if he decides to live in Tijuana or somewhere near by.
This is unfortunate. The U.S. Government has made drug convictions involving sale and delivery aggravated felonies. Sometimes, there are criminal laws that are considered exceptions that may allow a person to file for relief from deportation. This is rare, but possible.
Don't give up. Contact an experienced immigration attorney in Washington to review the conviction records of the father of your children. There may be an exceptions.
The above is general information and does not create an attorney-client relationship.
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