My jurisdiction is: New Jersey - USA
Hello
My cousin is 20 years old and a college student. He came to USA in AUG-1998 on H4 visa and got his Green Card on APR-2002.
On OCT-2007 he was charged with "Intent to distribute marijuana" to undercover cop, Possession of more than 50 grams but less than a pound and paraphernalia.
He was finger printed and immediately released on ROR and eventually he helped cops to get couple other guys.
Currently, based on accusations he is on 18 months Pre-Trial diversion program with "Not Guilty" plea which would end on Nov-2009. I think, a waiver was signed for preliminary hearing or jury if it goes to the trial.
So far DHS has not contacted but we would like to know immigration consequences. We know leaving the country could cause problems, but have few questions...
1) Is there anything we can do now, waiver or something?
2) What happens when he applies for Green card renewal Apr-2012 (six months short to complete 5 years from the incident)
3) Would he be ever able to apply for citizenship?
4) Can process of expunging charges after completion of probation can trigger any problem
5) What are the options for deportation/removal?
6) His rest of the family is not applying for citizenship thinking that could trigger him some problem, is it true?
We have been hearing different opinions from different people including lawyers, would sincerely appreciate your help.
Thanks
Hello
My cousin is 20 years old and a college student. He came to USA in AUG-1998 on H4 visa and got his Green Card on APR-2002.
On OCT-2007 he was charged with "Intent to distribute marijuana" to undercover cop, Possession of more than 50 grams but less than a pound and paraphernalia.
He was finger printed and immediately released on ROR and eventually he helped cops to get couple other guys.
Currently, based on accusations he is on 18 months Pre-Trial diversion program with "Not Guilty" plea which would end on Nov-2009. I think, a waiver was signed for preliminary hearing or jury if it goes to the trial.
So far DHS has not contacted but we would like to know immigration consequences. We know leaving the country could cause problems, but have few questions...
1) Is there anything we can do now, waiver or something?
2) What happens when he applies for Green card renewal Apr-2012 (six months short to complete 5 years from the incident)
3) Would he be ever able to apply for citizenship?
4) Can process of expunging charges after completion of probation can trigger any problem
5) What are the options for deportation/removal?
6) His rest of the family is not applying for citizenship thinking that could trigger him some problem, is it true?
We have been hearing different opinions from different people including lawyers, would sincerely appreciate your help.
Thanks
