QUESTION

My fiance has been convicted of a felony drug charge and is in this country illegally from Mexico. Is there any chance that if we marry while he is in the prison that he can stay in the United States when he gets out?

Asked on Sep 24th, 2002 on Criminal Law - Nebraska
More details to this question:
My fiance has been convicted of a felony drug charge and is in this country illegally from Mexico. Is there any chance that if we marry while he is in the prison that he can stay in the United States when he gets out?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Unfortunately, the answer is no. Under the laws existing today, all non-citizens (including those here legally and illegally) will be deported following a conviction for a felony drug offense. If a jail sentence is imposed, the defendant will have to serve the sentence before being deported--unless he or she arranges through a prisoner transfer treaty to serve the sentence in their home country. The INS will place a detainer or hold on your fiance at the jail where he is serving his time. At the end of his sentence, he will be transferred to INS custody and deported. The penalties for illegally entering the country after being deported are very severe. Many immigration groups are working to try and change these harsh laws--particularly to allow an exception for legal residents who have resided in the United States with their families for many years. It is highly unlikely any exceptions will be made for those who were here illegally at the time of their crime.
Answered on Sep 24th, 2002 at 12:10 AM

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