My fiancé was recently convicted (must serve 5yr sentence) in CA for conspiracy money laundering & content to distribute. If he and I marry will he still be deported after serving his sentence? He has been in the US for 15 yrs and served in US Army for 8yrs, doing 2 tours in Iraq. He has children with ex wife and he and I have a son as well. Is there any way to get around this possibility?
i agree -- you have good equities but two serious crimes. If he served in the U.S. Army I am assuming he is already a permanent resident? You need a legal evaluation to determine if he will be eligible for cancellation of removal or otherwise determine appropriate relief. There are also special citizenship provisions for military on active duty if he is a PR.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
Those are both very serious crimes and either one will make him inadmissible. One is a crime involving moral turpitude (money laundering) and the other a felony drug offense (intent to distribute). Get a full copy of the criminal records and consult with an experienced immigration attorney.
I agree with my colleagues. These are very very serious crimes that will limit his availabilty for relief. You need to consult with an experienced immigration attorney but before you do get all of the records of conviction so they can be fully discerned and the ramifications on his immigration status be determined. With the seriousness and nature of the crimes, at first blush his only hope of relief may be under the United Nations Convention Against Torture.
It appears that your fiance's criminal convictions are for aggravated felonies. In such a case he is statutorily precluded from establishing the good moral character for naturalization and ineligible for most forms of relief from deportation. Consult with an experienced immigration attorney who can review your fiance's criminal and immigration history and advise you what options may be available.
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