Legal Question in Immigration Law in Florida

can I get a pardon and have green card,even temporal

on 1996 I got a felony in miami ,florida. I declared guilty for cocain traffic. they sent me to north florida state prision and I did 2/5 years. during this time I when to immigration court and I sign voluntary deportation. because I am cuban and there are not(for now) deportation agreement USA/Cuba,I am still here.I finished my time on july/1999 and never again I had have any problem.On may/2001 I crossed the border to Canada ,looking for a new life ,I ask for political refuge ,Canada refused it and after almost 3 years living in montreal they deported me back to USA,from august/2003 to nov/2003 I was in federal facility on Buffalo ,NY ,under review.From the day they realesed me until now I have to report to a immigration deportation officer in newark,NJ ,any time they ask me to. I have to renew my work permit and driver licence every year.My question is ,There are any type of temporal green card and I could do qualify for ?. Can I get a pardon for my mistake and have a normal life in USA some day ? What can I do ? Please if there existing way for me to life a normal life in USA ,please let me know it. Thank you very much for your time, I hope hear from you very soon


Asked on 10/13/05, 5:33 pm

1 Answer from Attorneys

Fidel Iglesias-Lopez Fidel Iglesias-Lopez, P.A.

Re: can I get a pardon and have green card,even temporal

Hello,

Based on the fact pattern in this question, it would be wise for anyone in these types of criminal/immigration cases to 1) see an attorney who has some experience in determining how criminal convictions affect one's immigration status, including possibly long or (at least until recently) indefinite detentions not uncommon for Cuban aliens; 2) that attorney should research whether or not it would be possible to vacate the underlying criminal conviction (of course, this action may subject such a prospective client to reprosecution)constituting the basis for deportability/removability; 3) that attorney should explore whether any immigration waivers may be applicable; 4) that attorney should research whether leaving and then reentering the USA, after the issuance of a deportation/removal order, constitutes a crime; 5) counsel will have to find out if it is possible to even reopen the deportation/removal proceedings; 6) that person should determine if old, transitional, or permanent immigration rules appy; and 7) he/she, and the prospective client, should weigh the pros and cons of the foregoing possibilities vs. continuing with only parole (it sounds as if that is what exists in this hypo) and renewals of employment of authorization/drivers license(s). After all, sometimes nothing is the best course of action.

These types of cases are extremely complex. Plenty of other considerations must be studied as well. You should seek competent legal counsel. In the meantime, keep confidentiality factors in mind.

The foregoing comments are only general in nature; do not constitute legal advise or representation; and assume no relevant law enforcement investigation is ongoing.

Read more
Answered on 10/14/05, 2:25 pm


Related Questions & Answers

More Immigration Law questions and answers in Florida