I pulled into a McDonalds parking lot to let my friend smoke a cigarette, because I didn't want her smoking in my car. A cop came and told us we can't be there stating that McDonald was close, even thougg the drive through was open. he proceeded to searching my car and found heroin in my friends bag. Since she was outside I was arrested for having a controlled substance. Even though it was in her bag and She told him it was hers. He then decided to arrest both of us. My friend died a couple days before The court date from heroin abuse. I went to court and took the plea bargin, Paid the money that was asked and in return my record was to be sealed. Although I have no proof I am hoping that the record was sealed. Anyways I'm a permanent resident that Is applying to have my green card renewed. I was wondering if I would be denied or deported for my criminal misdemeanor charge of having a controlled substance.
What was the date of your criminal conviction?
That plea will likely cause negative immigration consequences.
The judge would have mentioned this at your sentencing as well.
Immigration can see sealed records.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
This could have negative immigration consequences and would've been told to you when you were taking the plea.
A single conviction of a controlled substance offense involving heroin renders a legal permanent resident (green card holder) subject to deportation where the individual, if apprehended, may be detained and subject to mandatory detention with no chance of bond until at least six months.
This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
You really need to retain an immigration attorney on Monday. You can count on being deported without counsel. You should have NEVER taken the plea deal. Records are not sealed for immigration purposes. Under an executive order signed by Trump in January, illegal immigrants with pending criminal cases are regarded as priorities for deportation whether they have been found guilty or not. The plan to intensify deportations is in line with a vow made frequently by President Donald Trump on the campaign trail last year to deport more illegal immigrants involved in crime. The U.S. Justice Department is developing plans to temporarily reassign immigration judges from around the country to 12 cities to speed up deportations of illegal immigrants who have been charged with crimes, according to two administration officials. This is as of March 18, 2017.
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