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Does INS/immigration forgive first time offenders from deportation for drug possession guilty pleas?

Oxnard, CA |

my boyfriend was arrested in may 8 for possesion cocain he pleaded guilty it was his first offens it was hardly anything that he had on him, they gave him 18 month probation but ice already put a hold on him. now he is getting deported is there anything I could do for him to coma back? he was here illegaly for 8 years, does immagration forgive things like this? he is only 21years old is there a time period we would have to wait?

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Attorney answers 2


There is special treatment for "first offenders." Are you a US citizen, presumably? You can marry him and maybe bring him back, but the conviction could make that really difficult, even if he did just take Voluntary Departure. Is he afraid to return to his country because of the political situation, his religion, ethnicity or membership in a particular social group? Then Withholding of Removal could be available to him, even with the conviction. Best bet is to reopen the conviction and have it vacated, based on Due Process grounds (not just for immigration purposes.) Did anyone file an immigrant petition for him before the end of April, 2001? This would be INCREDIBLY HELPFUL....


There are many issues that need to be addressed in this situation. First, where is your boyfriend? Although you are posting from Oxnard, he may not be in California or in a region that humanely addresses first offender programs. Second, when you say he was illegal, what does that mean? Did he enter without inspection? Did he overstay his visa? Has he previously been deported and is he now charged in federal criminal court with illegal reentry? More information is needed. What was the actual statute of which he was convicted? Finally, what is ICE charging? Has he been issued a Notice to Appear? If so, what does it say?

Please consult with an immigration attorney skilled in deportation and criminal issues. Prior to having that consultation, please try to obtain answers to the above and more. This will help that attorney properly assess the case.

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