Legal Question in Immigration Law in California
I am a permenant resident. I got it in 1987 through my dad who was in the US military. I was born in Korea but, my dad was still serving the US military when I was born. When I was 16 I went with my brother to get fingerprinted. However, they mixed up our fingerprints and asked us to come back. I didn't return because by that time, I ran away from home and I never finished the application. In 2006, I got arrested and convicted for felony possession for sale of marijuana. I tried to renew my green card before the case closed. They asked me to send the results of the case but i never did. They then sent me a letter stating that the process has been abandoned. Does that mean that my green card isn't valid anymore? Am I not allowed to work? My green card didn't have an expiration date. Am i supposed to replace or renew my green card? If i fill an I-90 will they come to my house to deport me? If I get married to a citizen can I still have status in the country? My mom and brother are both US citizens and my dad and brother both served in the US army. I also have a child that was born here. What are my options?
4 Answers from Attorneys
When you first got your green card they did not have expirations dates but now you are required to renew them every 10 years. If you were indeed convicted of the marijuana felony you will very likely have trouble trying to renew your green card and will most likely be put into deportation proceedings. Marrying a U.S. citizen will not be a fix for this problem. You really need to consult with an experienced immigration attorney who can go over your record and properly advise you.
Do you have a copy of your green card? You should consult with an immigration attorney who has experience with criminal issues. Your conviction can affect your ability to renew your green card. You should have an immigration lawyer review your criminal record and advise you on this matter.
We suggest you to bring your criminal records and consult with an immigration attorney ASAP. If your drug conviction is a aggrevated felony, this may disqualify you from any relief.
You may visit our website at www.medinalawgroup.net for our featured cases that cover the most complicated areas of immigration law. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.
The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.
This may be a case of failing to see the forest because of the trees. The issues of removabillity/abandoned "green card"/drug conviction may be irrelevant and moot. You may be a U.S. citizen by descent under the INA. If that is the case (and the USCIS will not be of any help in advising you), you may have been a U.S. citizen all along, making you ineligible for removability or a "green card." Contact an immigration lawyer in your area (make sure they are a member of AILA) to review your father's U.S. citizenship, residency in the U.S. prior to your birth, etc. Good luck.
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