Posting the same issue repeatedly DOES NOT chance its legal analysis:
"Your husband based on your submission may be convicted of a felony and for the purposes of the INA provisions is an inadmissible aggravated felony due to the crime he was convicted of.
There is no pardon for that time of offense. You may further consult a practicing immigration attorney in Yonkers, NY for a possibility of a Waiver, yet its success appears doubtful."
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You should repost or speak to an immigration attorney. He can apply for admission with the
conviction or attempt to reopen the old case. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
He needs an I-601 Waiver of grounds of inadmissibility with I-212 for re-entry. He needs to show factually the extreme hardship to qualifying relatives in the US. Or a possible 440 motion for vacating the drug convicton on Padilla grounds that he wasn't advised that he as a non-citizen of the US would be deported by pleading guilty to the crime. Was he convicted after trial or did he plead guilty? Did his lawyer say he would be deported because a drug conviction is pretty much a certainty to deportation unless its a very small amount of marijuana.
Hire a lawyer today to discuss all your legal rights and explore your husband's case.
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
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