Legal Question in Immigration Law in California

i have been in this country since i was 6 mo. old born 1982...in 2003 i plead no contest to possesion of sales,served 6 days in jail completed everything that was court ordered in less than 1 year

now im in immigration court,and its coming up to haunt me,,,,march 2010 i will file for certificate of rehabilitation,,,but it was my first crime and have kept clear of trouble since

would i qualify for a petty offense exception? my case is very difficult and need an experienced attorney thank you....only local please


Asked on 10/13/09, 5:16 pm

2 Answers from Attorneys
Ellaine Loreto Law Offices of Ellaine Loreto

Hello:

I am sorry to hear about your troubles. Hopefully, I can help.

Are you a legal permanent resident? If you are, when did you become a legal resident? If you are, you may be eligible for certain relief different from an illegal alien.

Whether you are a legal resident or not, you may qualify for the petty offense exception, if the maximum penalty for the crime you committed is not over 1 year. The maximum penalty for the crime is usually stated under the penal code section of the crime. The maximum penalty is not necessarily the same as your actual sentence, since sentencing is discretionary (up to the judge) in court. In addition, whether or not you qualify for the petty offense exception will depend on whether or not you have additional crimes in the past. I would have to know the penal code section of your crime(s) and the charges you are facing in immigration court. In addition, if the crime(s) you have committed involved drugs, there may be other consequences to consider.

To discuss your specific case further, please feel free to call me at 714 288 0610 or email me at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 10/13/09, 5:31 pm
Charles Medina Law Office of Charles Medina

Since you have conviction and was put in removal proceeding, we suggest you to consult with an immigration attorney. The experienced attorney will analyze your conviction and see whether you have any relief in Immigration Court.

You may visit our website at www.medinalawgroup.net or contact us via [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.

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Answered on 10/13/09, 10:54 pm


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