1. Father Was Legally in the U.S. for Over 30 Years And Was Deported for Having Less Than 2 oz of Marijuana at the U.S. Borders
My father is a mechanic and his father owned a shop in Juárez. When his father passed away, my father would go back for months at a time to visit his mother and help at the shop in Juarez. He would constantly work back and forth in El Paso because it’s very close and he had business both in El Paso and Juarez. He was in a client’s vehicle and was crossing in to El Paso and police dogs found that there was less than 2 oz in the car and he was detained. He was held in jail in El Paso for 30 days awaiting court and then the case was continued for another 30 days. Out of foolish pride he allowed the court to deport him so he could get out of jail rather than wait to fight the deportation due to the marijuana charge. He wanted to attend to his ailing mother and the family mechanic business. My father has 6 daughters and 10 grandchildren here in the US and has missed out on about 18 years of family life. He has now also lost his mother and would like to be able to visit family at the least.
Mr. Lee Answers:
I assume that before your father was deported, he pleaded guilty to having less than 2 ounces of marijuana. Under the immigration laws, a waiver can be allowed for up to 30 g of marijuana possession for personal use. If the amount was 30 g or less, he may be able to be petitioned for permanent residence by one of the daughters if over 21 and a US citizen. As you say that he has already missed out on about 18 years of family life, I assume that the offense was committed over 15 years ago. He can obtain a waiver of such offense if the admission of your father would not be contrary to the national welfare, safety, or security of the United States, and he has been rehabilitated from the use of marijuana or other drugs. Another basis for waiver would be proving that one of his children would suffer extreme hardship if the qualifying child is a US citizen or permanent resident. If the amount was over 30 g, he might be able to apply for a visiting visa, in which case he would have to make the application, be denied, and the Consulate would have to recommend a waiver to the Admissibility Review Office of U.S.C.I.S., which would then make the decision taking into account the seriousness of the offense, its recency, potential harm to society if he is admitted, rehabilitation of your father, his reasons for coming to the United States, etc.
2. I Was Trying to Get My Georgia ID. I Have Social Security Card and Green Card With No Expiration Date.
They told me they can’t take the green card anymore. What do I need to do?
Mr. Lee Answers:
I assume that you are talking about a Georgia ID. In taking a quick perusal on the Internet, it appears that the state of Georgia does accept green cards (I-551s or I-551 stamps), but the DDS also requires two documents showing residence in the state. It recommends documents such as recent utility bills, financial statements, or current rental agreement. Once you have the documents, I guess that you should try again. Good luck!
3. I Am Not An US Citizen, Is There a Possibility to Not Be Deported After Serving a Felony Sentence?
I am currently serving a felony sentence.
Mr. Lee Answers:
The question is what are your equities and the type of crime for which you are serving a felony sentence. If you wish to know if you can avoid deportation, you should have a friend or relative take your entire criminal file to an immigration lawyer for an assessment of your chances.
