jjmb

My son is returning to TX in a few weeks time after a stay of 6 months with my parents in France. The long and short of it, he was getting into all sorts of trouble over here last year, including a conviction for posession of a controlled substance so we sent him to my parents in a last ditch effort. My big fear now is that given the US increased security concerns, he will be denied entry back into the country despite having a valid visa. He is 16 (17 in August).

crg

What kind of visa does he have? What is your status? Why doesn't he have a green card?

If he was tried as a juvenile, only serious, usually violent crimes will make him inadmissible

If someone is on a non-immigrant visa, and they find out they have a drug conviction, they could be refused entry at the border. If he is an LPR, and it is a minor conviction, their inspection may be deferred to an office inside the US for them to follow up once inside the US.

Virtually any drug conviction makes someone inadmissible pursuant to section 212(a)(2)(A)(i)(II) of the INA. There is an exception for juveniles.

However, depending on his visa classification, the government may have a problem with him living here.

jjmb

He's a L2 visa

Ingo Pakleppa - see web site for email

On Wed, 21 Apr 2004 20:32:56 +0000, jjmb wrote:


    > Originally posted by crg14624
    >> What kind of visa does he
    > have? What is your status? Why doesn't he have a green card?
    >>
    >> If
    > he was tried as a juvenile, only serious, usually violent crimes will
    > make him inadmissible
    >>
    >> If someone is on a non-immigrant visa, and
    > they find out they have a drug conviction, they could be refused entry
    > at the border. If he is an LPR, and it is a minor conviction, their
    > inspection may be deferred to an office inside the US for them to follow
    > up once inside the US.
    >>
    >> Virtually any drug conviction makes someone
    > inadmissible pursuant to section 212(a)(2)(A)(i)(II) of the INA. There
    > is an exception for juveniles.
    >>
    >> However, depending on his visa
    > classification, the government may have a problem with him living here.
    >
    > He's a L2 visa

You should consult with a competent immigration attorney immediately.
Unfortunately, I'm not sure that your son would be allowed back into the
USA.

Don't fret, though, about having made a mistake with sending him abroad.
In terms of immigration law, it actually helps long term. If you hadn't
sent him abroad, his conviction would have led to deportation, with
desastrous consequences. As it is, as long as he gets control of his life,
he would likely at least be able to go back to the USA at some point in
his adult life. Won't be trivial, though.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

jjmb

It was classed as a misdemenor offense and he was 15 at the time. Will this make a difference?

crg

Ingo,
Are you sure convictions for 2A2 apply to juveniles?

"A juvenile court disposition is not a conviction for immigration purposes. Matter of Devison, 22 I&N Dec. 1362 (BIA 2000); Matter of Ramirez-Rivero, 18 I&N Dec. 135 (BIA 1981). A disposition under a pre-plea diversion statute is not a conviction. Matter of Grullon, 20 I&N Dec. 12 (BIA 1989). "

"A conviction for a single offense for simple possession of 30 grams or less of marijuana is not a deportable offense. 8 U.S.C. ' 1227(a)(2)(B)(i), INA ' 237(a)(2)(B)(i)."

Ingo Pakleppa - see web site for email

On Thu, 22 Apr 2004 14:59:02 +0000, jjmb wrote:


    > It was classed as a misdemenor offense and he was 15 at the time. Will
    > this make a difference?

In the long run, probably yes, but not in the short run. Offenses that
have been committed before age 18 can be ignored if they are also older
than 5 years. So once he is 20, he may be OK.

However, do note that drug offenses are treated more severely, and I don't
know the exact rules anyway (that's why I'm not a lawyer). There is an
exception for a single offense of possession of small quantities of,
specifically, marijuana.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - see web site for email

On Thu, 22 Apr 2004 16:01:40 +0000, crg14624 wrote:

    > Ingo,
    > Are you sure convictions for 2A2
    > apply to juveniles?
    >
    > "A juvenile court disposition is not a conviction for immigration
    > purposes. Matter of Devison, 22 I&N Dec. 1362 (BIA 2000); Matter of
    > Ramirez-Rivero, 18 I&N Dec. 135 (BIA 1981). A disposition under a
    > pre-plea diversion statute is not a conviction. Matter of Grullon, 20
    > I&N Dec. 12 (BIA 1989). "

Most of these decisions, except for the first one, predate the draconian
1996 law changes and don't have much meaning any more today.

But your first case may be quite interesting because it was after that law
was enacted.

    > "A conviction for a
    > single offense for simple possession of 30 grams or less of marijuana is
    > not a deportable offense. 8 U.S.C. ' 1227(a)(2)(B)(i), INA '
    > 237(a)(2)(B)(i)."

Correct, but that only means it's not a deportable offense under the
special drug-related rules. It's still a conviction for immigration
purposes.

The law here is *extremely* complicated, and it would indeed be wise to
hire an attorney with specific experience in these fields.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

crg

A lot of it comes down to the immigration judges interpretations. Some districts don't want to see cases where someone only admits to the essential elements of a CIMT. Other districts don't want to see any public charge cases. They've essentially de-clawed some of the inadmissibility laws.

I know of some IJs that totally ignore any "youth court" convictions no matter how recent they are.

jjmb

Just returned from the lawyer's office. Although my son was originally charged with a felony, it was reduced to a Judgement of Delinquency which is not recognised as a criminal act. On the printout, the lawyer gave me it states:

'an act of junvenile deliquency is not a crime iin the United States and an adjudication fo delinquency is not a conviction within the meaning of the Immigration and Nationality Act.'

So there should be no problems in the future, unless he decides to continue on the course he was on before he left. Of that I have very little to say, other than this is his last chance!