QUESTION
Can my mother be deported because she did not complete her probation?
Asked on Mar 21st, 2013 on Immigration - New York
More details to this question:
My mother was convicted of possession and intent to sell in 1989. She was sentenced 1 year probation for the first and 2 years probation for the second. She served 3 months. She went to Mexico and when she returned, immigration detained her for questioning and issued her papers to appear in court. But as of yet, no date has been issued. This was in November 2011. We, her kids, are United States citizens. Can she be deported and can we fight it to keep her with us?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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You need to have a consult on the details of your Mom's crime and immigration history for anyone to be able to properly advise you.
Answered on Mar 25th, 2013 at 7:59 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. What is your mother's immigration status? Was she or is she a permanent resident? Or was she here illegally. The fact that she did not complete probation is not a grounds for deportation. However, being here illegally and/or being convicted of a drug charge are grounds for being deported.
Answered on Mar 25th, 2013 at 1:24 AM
Adebola O. Asekun
Your mother's 1989 conviction carries with it possible deportation for conviction for a drug trafficking aggravated felony under s.237(a)(2)(B)(i) INA. However, she may be able to apply for a 212 c waiver since the conviction took place before 1996. I caution you that this is based only on what I know of your mother's case ( which is very little) II will need to see her entire criminal and immigration case before I can say one way or the other.
Answered on Mar 22nd, 2013 at 3:57 PM