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Can i fix my fiancee illegal status even if his case had no evidence of the charge accused of and has been deported??

Houston, TX |

My fiancee was arrested in Texas back in august 2012 his charged was "Possession of a control substance less than a gram" when court came around theres was no evidence of a control substance so they dropped his charge to a misdemeanor and was still deported and has a 10 year of cant enter the U.S is it still possible for me to fix his immigration status?? This is not the first case in Houston of police officers accusing people of suppose charges without evidence especially when it comes down to illegals!!!

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Attorney answers 4


It depends on the type of the misdemeanor; your immigration status; potential hardship issues; your income and many other issues.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


Your case is too complex to answer in this forum. You must consult with an immigration attornery.


It all depends. A deportation typically requires the person to remain out of the US for ten years. Unlawful presence in the US can also result in either a three or ten year bar to re-entry. A drug conviction - for any drug bother than marijuana - will result in a lifetime bar to re-entry. If the drug was marijuana and less than 30 grams, then this can be waived as long as it is the only drug related conviction.

Looks like your fiancé is out for at least ten years unless you can get the criminal case reopened and thrown out then persuade the feds to let him back early on a parole.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


I agree with my colleague. You need a consultation with a knowledgable immigration attorney.

No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney.