Reentry after deportation

Asked over 1 year ago - Yonkers, NY

In February 1987 he was arrested by an undercover police officer for possession of a control substance, one half ounce of paraphernalia. He was sentenced to ninety days on jail. Now 23 years later my husband is imploring forgiveness. He was deported to Dominican Republic six years ago. Can he gets a pardon after deportation? Can he Reentry After Deportation to the US.

Attorney answers (4)

  1. Howard A. Schwartz

    Contributor Level 19

    8

    Lawyers agree

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    Answered . 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... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . 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."

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Benjamin J Lieberman

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . This is an immigration issue - not criminal defense.

  4. Jeffrey Jose Estrella

    Contributor Level 13

    5

    Lawyers agree

    1

    Answered . 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.

    Good Luck!


    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
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com

    www.EstrellaLawyer.com

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