Can my husband re-new his green card after a narcotics felony conviction?
Downey, CA |
Husband was originally convicted in 1993, and plead guilty in 2002. Served one week incarcerated, completed probation, fees, etc. Upon attempting to re-new his green card he was informed he was unable. I am a U.S citizen. What are our options?
Option 1: Retain a competent immigration attorney to review his criminal history and advise you accordingly.
Option 2: See option 1.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
It depends on the statute of conviction. Mr. Ferrari is correct about retaining an very skilled crimmigration lawyer. One thing that confuses me is why he plead in 1993 and again in 2002. Was there a motion to withdraw the prior plea? Get certified copies of everything for your lawyer as that will help him or her determine the procedural history of that case. There are simply too many missing facts to determine options at this time.
You must hire an experienced immigration attorney ASAP. A controlled substance criminal conviction more than likely will make him deportable. He will most likely be facing removal/deportation proceedings in the near future. Once in removal proceedings he may qualify for relief depending on his immigration and criminal records. He must not attempt to make a trip overseas at this time, it could be too risky, he may be detained upon reentry.
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
It is not that he cannot renew green card. Problem is that if he tries Immigration will likely find out about the conviction and he could be placed in deportation. He really needs to speak with on immigration lawyer.
415-871-0714 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration defense lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.
I would suggest that you also speak with the lawyer about filing a "Padilla" Motion to Vacate his 2002 conviction. While the conviction stands, I'm afraid your husband is in a very dangerous predicament.
Your facts are confusing in that you are stating that he was convicted in 1993 but plead guilty in 2002. Is that for the same crime? if so, something does not make sense and you are missing relevant facts.
In any event, the conviction(s) will not technically prevent him from renewing and expired green card. However, with a controlled substance conviction that is not for simple possession of marijuana under 30 grams he is subject to deportation. Consult with an experienced immigration attorney who can review the specific facts of the case and advise you how best to proceed.