Skip to main content
Joseph Justin Rollin

Joseph Rollin’s Answers

1 total

  • Is simple possesion an aggravated felony for immigration purposes?

    I've been in the country since i was 7 years old. I am illegal but recently married a US Citizen who is pregnant with my child. I have 2 simple possesion charges both seperate instances. first one 2004 paid fine, second 2006 18 months probation, w...

    Joseph’s Answer

    A conviction for simple possession of a substance other than a certain amount of cocaine base or any amount of the "date rape" drug is generally not going to be an a "aggravated felony" for immigration purposes. However, simple possession is still a "controlled substances offense" that triggers both deportability and inadmissibility. In trying to seek status and/or avoid removal in the United States, those convictions are going to have serious consequences regardless of whether they would be considered "aggravated felonies." As another here said, an expungement sometimes works for 1st time simple possession, but when there are two convictions involved, an expungement is unlikely to be effective. You should talk to seek a consultation to get more detailed analysis of your situation.

    See question