Deportation, Re-entry Felony/Deportation?

[tsdanir]

My boyfriend is a LPR and has a valid green card that doesn't expire until 2012.

Recently, he got in trouble for drug charges. He hasn't been convicted or sentanced yet, as we are taking this to court. However, the "federal laws" consider this an Aggrivated Felony (and I beleive aggrivated felonies are deportable).

Currently he is out on bond and no INS hold was put on him during incarceration. My question is... Is there still a chance that the courts will order deportation after the case is closed?

 

[mafioso]

If he pleads guilty in a plea deal or is convicted of a crime whose maximum sentence is more than a year, and is sentence to confinement for more than 6 months in jail, then deportation proceeding would start. He is lucky there was no hold on him………..Sometimes holds come late and there is a small chance there might be one in the course of his appearances in court. They would hold him till trial and if he cuts a plea deal which does not meet the exception above, deportation proceeding will start…If they don't notice it, given their volume of work, deportation would start when he is renewing his GC or when he leaves the US and attempts re-entry…….Certain conditions for waiver may apply.
How long has he lived in the US before the charge?
Is he married to a US citizen….do they have kids?

 

[tsdanir]

he has been here most of his life but he got his papers in 2000 i think. (anyway, it's been many years) he's not married and no kids.

 

[mafioso]

Read this case......

http://www.usdoj.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3491.pdf

It would give you some idea on ways to fight possible deportation... and similar case... But the most important question is what is the maximum possible penalty of the charge your bf is charged? If it is not more that a year, then it is not deportable if he is sentenced to less that 6 months in jail.

 

[tsdanir]

Unfortunately, my b/f is charged with possession with intent to distribute. We have a lawyer and are fighting the case. The sentance typically is 2-20 years I believe. It's definately deportable.

Thank you for the link. I will check out that case.

 

[mafioso]

Yes it is deportable......Your best bet is for your lawyer to see if he can fight the charges and not cut a deal. A deal would be worst that conviction..........at least fight before going down and worry about a waiver at the end if he qualifies for any........Who knows, jurors are sometimes unpredictable……