Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Discussions relating to Drug Laws

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby porter » Tue Jul 10, 2012 8:31 pm

Before I met my current wife, she lived in New York and got involved with a bad man who induced her to dark businesses. She was caught and charged with conspiracy to distribute or conspiracy to import drugs; she did a 4 year sentence in New York and then was deported to Colombia which is where we are originally from. Everyone makes mistakes, that was her mistake, a costly one but still a mistake. We have a gorgeous daughter, both live in Colombia and I in Miami. I am a teacher and a computer systems professional. I want to petition for her change of status and be able to ask for her to come to the USA along with my daughter but I have read online that because of her conviction she might NOT be eligible for pardon/waiver and visa. Can anyone please guide me if this is true, which is the law that applies in this situation, if you know of anyone who has received a pardon, how is this possible, what do I have to do or if I must completely forget about her return to the USA? Thank you.
porter
 
Posts: 49
Joined: Fri Apr 01, 2011 3:23 pm

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby golding » Tue Jul 10, 2012 8:36 pm

Was she actually convicted of the crime and was sentenced to be deported? I know that governors and presidents have the ability to pardon someone for a crime, so you would have to contact them.
golding
 
Posts: 56
Joined: Thu Mar 31, 2011 9:14 am

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby egann » Tue Jul 10, 2012 8:41 pm

Looking around, after a deportation there is a time period you have to wait before you can apply to reenter the US, e.g. links. Has that period passed? It looks like 5 years for a first offence.
egann
 
Posts: 51
Joined: Thu Mar 31, 2011 10:15 pm

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby crom » Tue Jul 10, 2012 8:47 pm

Looking around, after a deportation there is a time period you have to wait before you can apply to reenter the US, e.g. links. Has that period passed? It looks like 5 years for a first offence.
She is permanently excluded from the US
go see an aila lawyer for a legal consultation to confirm
crom
 
Posts: 37
Joined: Thu Mar 31, 2011 10:24 am

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby ryscford » Tue Jul 10, 2012 8:54 pm

Drug-related offenses are crimes of moral turpitude. Even if she had held a valid green card at the time of the offense, she would be permanently inelgible for US citizenship under CIMT regulations, deported and permanently barred from reentry. There is absolutely no way she can ever get a waiver to reenter US under any circumstances. She is permanently barred. Not only is she permanently barred from US, but with drug trafficking conviction, she's a felon ineligible for any sort of visa to most countries of the world.

Her child has a right to Columbian citizenship by virtue of birth to Columbian citizen. Apparently, you have dual nationality as a Columbian citizen who emigrated to US. Therefore, you all go live permanently in Columbia. She's not going anywhere, so if you want to remain married and raise your child together, you have absolutely nowhere to go but Columbia.
ryscford
 
Posts: 50
Joined: Thu Mar 31, 2011 1:40 pm

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby kendell » Tue Jul 10, 2012 9:02 pm

Uncle is correct. There is no waiver for drug related convictions.
kendell
 
Posts: 52
Joined: Sat Apr 02, 2011 9:49 am

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby galvin » Tue Jul 10, 2012 9:12 pm

When she got deported she will have gotten paperwork indicating whether she was deported for a limited period of time or for life. Drug trafficking probably is for life.

You shouldn't have problems getting a visa to Colombia to join your wife and daughter.

Sometimes mistakes we make can't be easily rectified. If you would kill somebody in a traffic accident, no amount of regret will make that person alive, however much you would regret it or how careful you would be in the future. We all have to live with the consequences of our past, what is important is what we make of our future. Be flexible, be imaginative, the US is not the only place in the world where people can live and be happy.
galvin
 
Posts: 57
Joined: Sat Apr 02, 2011 1:24 am

Wife was deported after drug trafficking conviction, can she get a waiver/pardon?

Postby juanito » Tue Jul 10, 2012 9:19 pm

No.

The felony is also a crime involving moral turpitude and makes your wife inadmissible for immigration to the United States for life. It's actually the most serious non-violent crime I can think of in regard to immigration, second to none.
No waiver available.
juanito
 
Posts: 61
Joined: Fri Apr 01, 2011 4:40 pm


Return to Drug Laws

 


  • Related topics
    Replies
    Views
    Last post
cron