While living in Texas in August 1996 my non-citizen boyfriend was riding with someone who was carrying more than 30 grams marijuana. They were stopped in Kentucky. He entered his guilty plea in January 1997 and he was sentenced(April 1997):

Count 1: Conpsiracy to possess with Intent to Distribute Marijuana Count 2: Possession with Intent to Distribute Marijuana

This was is first offense and he had never been arrested for anything prior. He was sentenced to 35 months Federal and was told that he would be granted a 3-yr probation with supervised release immediately following his release, which he signed April 1997. Instead he was deported 11 months before his sentence term expired. Unfortunately, we were ignorant to the fact that an immigration lawyer should have been hired. Now we have been trying to find out if he was convicted of an aggravated felony or a felony to see if there is a chance that he can ever legally re-enter the US. I have been reading alot and am getting more confused. Please help?

Thanks, AG

-- Adel Givens (adelgivens@yahoo.com), May 02, 2002

Answers

A conviction for possesssion with intent to sell is an aggravated felony. (For immigation purposes conspiracy or attempt to commit a crime counts the same as the underlying crime.) Any drug offense more serious than simple possession of 30 grams or less or marijuana is also an unwaivable bar to becoming a permanent resident in the future. The only chance that your boyfriend has would be to vacate the original conviction. That is incredibly unlikely. I'm sorry your situation is so bleak.

-- Michael Boyle (boylelaw@aol.com), May 03, 2002.

I was deported also in 1998. It was also for a crime. I sold marijuana. Had been living in the states under my military stepfather for many years. All my school was done there and everything I knew was there. I was sent back to the Netherlands as that was the passport I had and the country in which I was born. They did explain to me that I was being deported for a period of 10 years. After 10 years I could "try" to get a permit to come back as long as I did not get in trouble with the law while in the Netherlands. I still have 3 years to go, but there is a chance that I can go back. At least that is what my attorney told me, and the judge that sentenced me. Greetings R

-- Rob de Mars (koote441@planet.nl), March 08, 2005.