Legal Question in Immigration Law in New Jersey

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?

Asked on 4/02/10, 4:14 pm

2 Answers from Attorneys

Charles Medina Law Office of Charles Medina

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.

You may visit our website at Our telephone number is 714-786-6835 and email is [email protected] Thank you.

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Answered on 4/07/10, 5:33 pm

Luba Smal Smal Immigration Law Office

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.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you’d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I’d be glad to help you.

Contact email address: Attorney [@] or LubaSmal [@] . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website for more details.

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Answered on 4/07/10, 6:00 pm

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