At my oath ceremony I disclosed a recent arrest for selling prescription drugs (I sold 10 of my ADHD prescribed amphetamine pills). The DA said he will consider reducing my charge OR offer me a diversion program at my preliminary hearing in about 40 days, but I have not even had my arraignment or preliminary hearing yet. But USCIS is now requesting more evidence (Complaint, police report, court disposition). At this point I just want to avoid deportation/inadmissibility so should I just wrote a formal letter requesting withdrawal of my app or is too late? I mean, is my case really considered "aggravated felony"? It's not like I'm a big time crack and heroin drug smuggler.
make an in person consultation with an attorney asap.
Answers to questions are for general purposes only and do not establish an attorney-client relationship.
It's all will defend on the charges. Don't panic. Hire an immigration attorney and a criminal one to make sure you can "clear" your record. If a conviction is not avoidable, your immigration attorney will guide you.
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I agree with my colleagues. From your question you appear to say you've already been to your oath ceremony and you disclosed your arrest at the oath ceremony This is good and appropriate. So, it appears you did NOT take your oath and then receive your certificate. They may be waiting to see what happens with your criminal matter. One piece of advice an attorney will be able to give you with determining whether you plead to some outcome that can be considered not a "conviction" for purposes of immigration removal proceedings. Be sure your criminal defense attorney either consults with or knows very well how to advise you regarding this important consideration -- certain outcomes are "convictions" but certain ones are not. Be sure you know what you are agreeing to in the criminal court.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).
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You need to have a private consultation with an immigration lawyer as my colleagues have already noted. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
You should meet with an immigration attorney who is familiar with criminal consequences in immigration
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104