possession and drug parahernalia charges....deportation?

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Latest post Sun, Jan 9 2011 12:29 AM by BigDadee63. 11 replies.
  • Thu, Dec 23 2010 11:29 PM

    possession and drug parahernalia charges....deportation?

    I have recently been arrested and charged with possession of marijuana >1 gram and drug paraphernelia. I am an 18 year old green card holder. What should i expect for consequences aswell as immigration problems? Anyone who knows the probable outcome please get back to me as soon as possible. I really appreciate it thank you.

  • Fri, Dec 24 2010 12:24 AM In reply to

    Re: possession and drug parahernalia charges....deportation?

    As for the criminal charges, consider hiring a Criminal Defense Lawyer or see if you are eligible apply for a Public Defender.

    You can also search the USCIS website (google it) to see what effect a criminal record has on a U.S. Green Card holder (meaning it's renewal).

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Sat, Dec 25 2010 7:46 AM In reply to

    Re: possession and drug parahernalia charges....deportation?

    First-time marijuana offenders in New Jersey are often eligible for Pretrial Intervention (PTI) or for a conditional discharge. These are both "diversion" programs. Diversion programs exist in all New Jersey state criminal courts.

    A similar program is often available in federal court. Under diversion, a defendant is placed on probation. There is usually no trial. There is usually no guilty plea. And, most importantly, there is no record of having been convicted.

    New Jersey driving privileges are usually retained. When probation is successfully completed, the charges are dismissed. After a short waiting period, the New Jersey arrest record can then be expunged.

    Whether a person can have marijuana charges diverted in New Jersey depends on many factors.  Learn More Here :  http://www.njmarijuana.com/page.php?here=index

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Sat, Dec 25 2010 9:17 AM In reply to

    Re: possession and drug parahernalia charges....deportation?

    What the Law Says

    Section 264 of the Immigration and Nationality Act (INA) states, "Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .." It also says, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor ..." The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=02729c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=02729c7755cb9010VgnVCM10000045f3d6a1RCRD

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Sun, Dec 26 2010 10:09 PM In reply to

    Re: possession and drug parahernalia charges....deportation?

    Rocktosh:
    Something that is considered a misdemeanor in criminal law could also be considered a felony according to immigration law.

    Just for my own research, can you please post a link (maybe from the USCIS website?) that implies this?

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Mon, Dec 27 2010 5:02 AM In reply to

    Re: possession and drug parahernalia charges....deportation?

    whatdoido1234:
    I have recently been arrested and charged with possession of marijuana >1 gram and drug paraphernelia. I am an 18 year old green card holder. What should i expect for consequences aswell as immigration problems?

    Of course I agree consultation with a lawyer specializing in Immigration Law is always your Best Option. My non-lawyer opinion is based on your [factual information] post, deportation is unlikely.  I found some helpful information pertaining to your situation (OP) at the USCIS website

    Please note there is a lot of information contained within the [USCIS] website, and at times can be challenging to navigate to find specific information as it pertains to your circumstance.

    A USCIS Inter Office Memo (Dated Jan 19, 2005) Attachment 1, “Waiverable Conduct Contained in the Statutory Bars to Establishing Good Moral Character”.  I have paraphrased [below] some of that information relevant to this discussion.

    Provision of INA:  INA § 101 (f)(3).  Someone who committed or was convicted of either a crime involving moral turpitude or a crime relating to a controlled substance that doesn’t fall within one of the exceptions set forth at INA § 212(a)(2)(A)(ii). 

    Conduct Waiverable?  Yes, for CIMT.  Waiver available for drug offense only available for single offense of simple possession of 30 grams or less of marijuana. 

    Reference Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e01051b4b1af3110VgnVCM1000004718190aRCRD&vgnextchannel=e01051b4b1af3110VgnVCM1000004718190aRCRD

    Quoted from the USCIS I Link (quote is below the link): http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

    (3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and 18c/ (10)(A) of section 212(a) of this Act; or subparagraphs (A) and (B) of section 212(a)(2) and subparagraph (C) thereof of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana); if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Mon, Dec 27 2010 11:31 AM In reply to

    • Barbie73
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    Re: possession and drug parahernalia charges....deportation?

    Inmigration is just different, crimes of moral turnipude can be felonies or missdeamenor. Hire a lawyer and make sure you do your homework before hiring a lawyer. You are going to need it either now or later

  • Sat, Jan 8 2011 8:11 PM In reply to

    Re: possession and drug parahernalia charges....deportation?

    I got my green card when I was 18,  I got into trouble with the law about 6 years ago. I too ended up with a class 6 felony for drug paraphanelia and class 1 misdemeanor for marijauna (1 small joint) and a class 2 misdemeanor for false information to law inforcement. I did 2 years probation for it. My felony was dropped to a misdemeanor last year or the year before. I have not been in trouble since. I am a student. I am married to an American and have two American children. I moved here legally with my family when I was 14. I have to renew my greencard by September of this year...I know I have to start the paperwork soon...should I just go for my citizenship? What should I do? What do I do to prepare? I am so scared...my husband is in prison. We were married before he went to prison..but I am all my children have...what should I do?

    So terrified....Thanks for any help....

  • Sun, Jan 9 2011 12:29 AM In reply to

    Re: possession and drug parahernalia charges....deportation?

    All I can say is SCROLL UP and read the information I posted (with the links to the USCIS website).

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

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