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Hi , my wife and I are living here in the u.s. illegally and want to adjust our legal status.
We have a son that will be 21.
Anonymous5 views4 answers
We have a son that will be 21 next year, how ever I'm 42 and when I was 19 I was arrested for the sales of a controlled substance I was sentenced to 5 years and only served 8 months out of a year and the other 4 were suspended.I had my record exponge about 8 years ago.my wife is 38 and she has a clean record,we both entered the country legally the last time we
entered.my question is am I going to be able to get my green card or are they going to deny
me? the same question goes for my wife the difference is she has a clean record.
I agree. The challenge is whether you can obtain a rehabilitation waiver for the drug offense, where the event took place more than fifteen years ago. If you have never been a lawful permanent resident, this may be complicated, but possible. However, the fact that you may have to also seek an unlawful presence waiver further complicates this effort.
Your wife must also seek an unlawful presence waiver, where you both had visa entries with an I-94 entry card that expired more than one year after your last departure.
Either way, these are complicated matters, so I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney in California like the attorney like Mr Shusterman. Once you understand the challenges, and your attorney, you will be in a better position to decide you can do.
It appears that your wife is eligible for adjustment of status through your U.S. citizen 21-year old son. You must seek legal assistance to help you take care of the previous drug conviction before attempting to apply for adjustment of status.
Generally speaking, your wife's case does not appear to be problematic.
You on the other hand, have serious issues. The law provides that an
alien who has been convicted of a controlled substance offense is
inadmissible. More importantly, an alien whom an immigration officer
has "reason to believe" has been a trafficker in controlled substances
is inadmissible. No conviction is required. In most cases, a sale
conviction would be considered a trafficking offense. This type of
conviction is non-waivable and the fact that you had it expunged would
be irrelevant.
Consult with an experienced immigration attorney who can review the
specific facts of your case, advise you of the options available, and
how best to proceed.
