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My son is a legal permanent resident since 2000, and entered country in 1996 age 7, he got a drug possession charge 893.13.

Saint Petersburg, FL |

This was last year, How does this effect his status here. The green card is due for renewal next year, What would happen if he tried to renew it then, should he wait 5 years from the end of his probation term, as I believe if everything was good for 5 years that makes it OK? Then should he try and renew it then or can he just apply for citizenship then. He has always been in legal status. Is it OK to still be here with the green card expired, my understanding is that you still keep your status as a legal permanant resident. The drug was ex....

He had been here lawfully for 11 years, and a Legal permanent resident for 7 years at the time of the crime. How does cancellation of removal work and what does prima facie eligible mean. After 5 years of everything being clean can he apply to be a citizen without this affectring it after the end of his probation? He entered lawfully. Thank you

Attorney Answers 3

  1. Best answer

    The drug conviction will make him deportable as well as inadmissible to the US if he travels. He should absolutely not travel to the US. You don't say how he entered the U.S. but if he entered lawfully and then overstayed a visa for purposes of cancellation of removal for certain permament residents his lawful entry would begin his 7 year clock for continuous residence. If the day he committed the crime was more than 7 years after his first lawful admission and his crime is for possession and not sale he appears to be prima facie eligible for Cancellation. You need a consultation with a qualified immigration attorney who can review the documents and give you a legal opinion. Waiting 5-10-20 years isn't going to make this conviction go away. You also need to understand that adjudication withheld is a conviction for immigration purposes.

  2. Generally, except for one conviction of possession of 30 grams or less marijuana for personal use, any conviction involving controlled substances may be a basis for deportation. As the statutes are written, there is no time limit when the conviction may be used to deport the alien.

    Thus, if your son's conviction makes him deportable, waiting 5 years or 20 years would not help him as long as the law remains as it is today.

    He should review his facts with an attorney to see whether he is subject to deportation.

    Since employers are supposed to check a person's citizenship or immigration status, your son may be unable to work if his potential employers do not accept his expired green card as proof of his authorization to work.

  3. Incidentally, if you or your son's other legal parent is a US citizen, you can check if your son gained US citizenship through his parents. If he is a US citizen before the drug conviction, he likely cannot be legally deported.

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