deportation : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

i have filed for my husbands papers in april 2001.then sept 2001 a undercover cop had came to my house and said that my husband had sold him some drugs. so we went to court and he took the plea bargain which was 6 months intense probation and a year or two probation. he also had to do communitty service. when we went to see his probation officer immigration picked him up .so my question is there anything that i can do for him to come back here. we have been married for 5 years and we have a child together.

-- kristy galvan (, October 28, 2002


If he pled guilty prior to April 30, 1996, it would be worth reviewing what has happened with an experienced removal attorney. Cases whre a plea was entered prior to that date are treated under the old law, which allowed a waiver (immigration pardon) hearing in many cases. (There may be a particular problem in this case because of the length of the sentence. 5 years time served was noramlly the upper limit on eligibility.)

If he pled guilty after April 30, 1996, his options would be very limited, even if he had been treated fairly.

-- Michael Boyle (, November 05, 2003.

If your husband pled guilty to an offense involving sale of drugs (like sale or possession with intent to sell), there is nothing you can do. A reasonable suspsicion that he was involved in trafficking is enough to prevent him from ever getting a green card.

If he got probation through a pretrial diversion program that does not require a guilty plea and that results in the charges being dismissed, he might have a chance. Conencticut's program is structured this way. (It's called accelerated rehabilitation.) However, the programs in many states, including Texas and California, require a guilty plea before you enter the program. This would be fatal. Even in a state like Connecticut that doesn't require a guilty plea, getting residence after getting picked up on drug charges would be very tricky. If you want a referrral to a lawyer where you live, please email us .

-- Michael Boyle (, October 29, 2002.

My father has spent almost seven years in prison for a drug offense (trafficking) He was sentenced a total of fifteen years but eight indeterminate. He don't understand the english language all that well and some people had him sign some papers in jail which gave up his rights and put a hold on him so he will be deported when released. He didn't have a translator. He has been in the U.S. for 35years or more and has seven children and many grandchildren and also married. Is there anyway we could get the hold removed?

-- Delena Soltero (, November 03, 2003.

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