QUESTION

How can he become legal if he was charged with felony meth possession nine years ago?

Asked on Apr 11th, 2013 on Immigration - Nevada
More details to this question:
My friend is a legal resident who was born here. His father is illegal from Mexico. He never was resident or citizen.
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3 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Criminal Relief. The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.
Answered on Apr 15th, 2013 at 7:59 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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His son if he is over 21 can petition for his father. If the Father came in legally (with a visa) and then overstayed, he can file for Green Card in the US. However, because of his criminal conviction he will be required to file a waiver.
Answered on Apr 12th, 2013 at 9:40 AM

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Robert E. West
With that type of conviction, he cannot. Maybe he can try to reopen the case and fix the conviction but as it stands, he can do nothing.
Answered on Apr 12th, 2013 at 8:51 AM

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