Legal Question in Immigration Law in Maryland

I got arrested for marijuana back in 2009 and left the country in 2011 but came back (not knowing I couldn't leave). I have my green card but I got stopped on my way back in the country because I wasn't suppose to have left. Now the US is trying to have me deported. Marijuana has now been decriminalized in Maryland so if I reopen my 2009 case and get it thrown out, will my deportation case be thrown out as well?


Asked on 5/02/13, 2:16 pm

2 Answers from Attorneys

Bill Klein Law Office of Bill Travis Klein

The fact tha state of Maryland has decriminalized your crime has no effect on federal law that regulates immigration. Your situation is serious and a lot of detailed facts are required in order to give you sound legal advice. You need to consult with an Immigration Attorney and have him review your court documents for that conviction. There may be options availabe to you depending on how long you have had your green card, how long and why you left the U.S. and your family situation among other things

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Answered on 5/02/13, 2:27 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

If you have been deported from the United States either voluntarily or forcibly by an Immigration Judge and/or Immigration and Customs Enforcement ("ICE") and/or Customs and Border protection ("CBP"), there are many legal mechanisms and methods for you to return to the United States.

For example you can always file a Motion to Reopen or a Motion to Reconsider (even if you are outside the United States) and you can always file petitions that you may be eligible for regardless of whether you are currently outside the USA.

You may also be eligible for a I-601 Hardship Waiver and a Petition to Re-Enter the USA with Form I-212.

Furthermore you may still be able to attack criminal convictions collaterally that resulted in your deportation proceedings and clean up your criminal record.

In some cases if you file a Motion to Reopen or a collateral attack on your Criminal Conviction through a successful Motion to Vacate, you might be able to persuade a Judge to issue you a subpoena so that you can testify personally in your Immigration Proceedings or even in Criminal Court, either federal, state, or local if you can persuade the Judge that your personal testimony is absolutely essential in furtherance of justice.

For further details, information, and a free consultation to see if you qualify, please call our law office at (212) 968-8600, toll free at (866) 426-5628, or email us at [email protected].

Thanks and best regards,

RDM

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Answered on 7/30/13, 5:30 pm


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