Legal Question in Immigration Law in New Jersey

My fiancee was arrested in 2006 and charged with 2C:35-10C. He and the passenger in his car were asked out of the veh. The police then found CDS outside of the vehicle and charged them both for failure to give to an officer. My fiancee's attorney advised that he should please guilty since he had no prior arrests, charges or convictions. My fiancee was 26 days away of having his US residency for 7 yrs. He was given a Conditional Discharge, 6 mos. probation and fines. What are the complications of pleading guilty to this charge and his US immigration status? Can he renew his residency without a problem?


Asked on 1/14/12, 11:01 am

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

There is a significant problem with pleading guilty without immigration counsel. I cannot tell without more information what is necessary here.

Criminal Evaluation

At this point, it is critical that he obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the U.S..

He may have to make a motion to set aside the guilty plea.

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Answered on 1/21/12, 10:13 am


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