QUESTION
i was deported a month ago to mexico. can i still apply for a residence if im married to a u.s citizen?
Asked on Sep 04th, 2013 on Immigration - Texas
More details to this question:
i was convicted of a controlled substance as a misdameanor. so i got deported to my home wich is mexico. my wife and two children live in texas now and are suffering in living since it happened so i want to know if theirs a way she can help me apply for a permitt to go back or a way to remove my deportation? they took me to the u.s when i was 3 years old so i did not know what was going on. i have been living in texas for 20 years and i graduated their and got my deploma. so i got used to the life over in texas and now im in mexico and its way different. its less jobs and less pay. i have a dui,and two possesion of marijuana and the controlled substance but never atempted to deliver or anything agravated. so i dont see myself as a harm to the u.s because i never had any weapons or acted crazy towards anybody. i am a very calm person and just want to be back with my family. so can i get some kind of help so that i can remove my deportation or apply for permitt to be in the u.s?
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The law can forgive one incident of possession of marijuana provided the amount does not exceed 30 grams. if you are convicted of two possession charges, you would not be able to come back to the country legally unless one of the convictions was overturned somehow and the other conviction was for 30 grams or less. In that case, you or your family members may wish to talk to a criminal attorney about the possibility of reversal of a conviction or re-pleading to a charge which does not carry such a heavy immigration consequence. The DUI would not make you excludable from the United States.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 16th, 2013 at 8:23 PM
2 Awards
If you were deported you are bared from returning to the US. The length of that bar depends on why you were deported (I would have to see the actual deportation paperwork to answer your question). Some bars have waivers and some do not. If you are eligible for a waiver, you would likely have to show extreme hardship to a US citizen spouse or child to qualify.
Answered on Sep 04th, 2013 at 8:11 PM