Legal Question in Immigration Law in California

I am looking to file for adjustment of status through my 21 year old son I have been told that i qualify because i had a petition before april 2001 but i am concerned about a problem i had in 1996 when i was charged with possession/purchase cocaine base for sale which turned out to be a felony. I have nothing else on my record so basically my question is if you think that i could still receive my residence and if there is anything I can do to prevent this incident from being an obstacle for my residence.


Asked on 5/16/11, 10:15 am

3 Answers from Attorneys

Charles Medina Law Office of Charles Medina

We suggest you to consult with an immigration attorney because your conviction might be a crime involving moral turpitude, which might be a ground to bar you from applying for green card.

You may visit our website at www.medinalawgroup.net. 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.

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Answered on 5/16/11, 10:26 am
Attorney Caro Kinsella Law Offices of Caro Kinsella

You can try to have a criminal attorney see whether they can either mitigate or vacate your 1996 conviction, therefore you can adjust without a problem. Call my office if you need assistance; and I wish you all the best.

Caro Kinsella - Immigration Attorney

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Answered on 5/16/11, 10:39 am
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

This crime makes you an aggravated felon under the immigration laws.

Criminal Relief

The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.

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Answered on 5/19/11, 5:33 am


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