In regard to your neighbor: any person that commits a crime involving moral turpitude automatically is revoked his residence card. However, this is in theory. There might have been another reason why immigration came and picked up your neighbor. He might have been in immigration proceedings already. My point here is that once you commit a crime involving moral turpitude, immigration does not need to wait for the expiration of your residence card to pick anyone up because that person, although still holding a car, does not have residency status any longer. Usually what happens is that persons who have committed crimes involving moral turpitude try to renew their residency card. This tells immigration to look into the system and this is how they notice that this specific person committed such crime and no longer has status. The application is denied and the person is put on deportation proceedings. As far as I know, immigration does not have a system that works automatically and directly with the criminal court. Thus, it may take some time or an event for them to check on your file or record and find out you do not longer qualify to hold residency status. Some people travel and when they return and immigration reviews their record is when the deportation process commences. Thus, if you try to renew your residence card, you will be telling immigration to review your file and they will put you on deportation proceedings. If you do not do anything, you will remain with status until immigration somehow finds out. Once they do, they will commence deportation proceedings against you. Some people qualify for a waiver. However, drug charges are not waivable under immigration law but with the exception of "possession" of less than 30 grams of marihuana. All other drug charges do not get a waiver. A waive is difficult process where you need to meet certain requirements to qualify. Some people try to fix their criminal offenses through the criminal courts. In some instances, it is possible to vacate the judgment on a criminal case and change it to a different charge or nolle prose the case. The above gives some guidance in general terms but without knowing all the facts on a case, it is not possible to give specific advice. I would recommend youspeak to an experienced immigration attorney to discuss your specific options.
Answered on Feb 29th, 2012 at 1:59 AM