my fiance was arrested for possesion of 50 grams marijuana by a school and by a park then it went into immigration since he was illegal here he was then deported now my question is if i go to costa rica where he is from marry him there and in 10 yrs when his record is exponged and the deportation time is finished will he be able to come back legally?
2 Answers from Attorneys
First, please note that expungement in criminal case might have limited effect on immigration case. Second, if your finance was deported and would like to apply for a green card within 10 years of deportation, he would need a special permission application and I-601 waiver. We suggest you to consult with an experienced immigration attorney.
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Because he was convicted for possession of OVER 30 gr of marijuana, I'm afraid that he won't be able to come back even if married to a US citizen. There is simply no waiver for this offense under current immigration laws. Expungement won't remove this conviction for immigration purposes.
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