Green card holder in need of advice on deportation for old drug felony convistion

[TOMMYTAHOE]

What is the name of your state? California

To whom it may concern,
I am a resident alien who was arrested in 2003 for cocaine possession, intent to sell, and something else called "Transport, furnish, bring into California", etc.
This 3rd count is the one now putting me in hot water; upon returning to the US from abroad on vacation, Immigration stopped me. I have since had an interview at the CIS (yesterday), where I've learned that even though my case was fully dismissed/expunged by California through a drug diversionary program, Federal Law considers the conviction as a conviction, straight-up. As such, I can be deported.
So, I have about 3 months to figure out what to do. I have an appointment with a private immigration attorney for next week, but in the meantoime I need somne answers. I know some cases are more severe than others, but do the Feds look at it all equally? The conviction is still there, in a time capsule, and it doesn't look to go away. What are my odds at avoiding deportation (or "removal", as they now call it)? One attorney I talked to in ther waiting room said the only way to beat this is by getting the conviction overturned! Is this possible? If anyone can help me with advoice, or if you know any free/cheap Immigration Law attorneys in the Bay Area, CA who canhelp me, please let me know. Any bits of wisdom you experts have would definitley be enlightening. I want to stay in the US, where I've been almost my entire life.

Sincerely,

Tom M.

 

[MAZTECINC]

What is the name of your state? California

To whom it may concern,
I am a resident alien who was arrested in 2003 for cocaine possession, intent to sell, and something else called "Transport, furnish, bring into California", etc.
This 3rd count is the one now putting me in hot water; upon returning to the US from abroad on vacation, Immigration stopped me. I have since had an interview at the CIS (yesterday), where I've learned that even though my case was fully dismissed/expunged by California through a drug diversionary program, Federal Law considers the conviction as a conviction, straight-up. As such, I can be deported.
So, I have about 3 months to figure out what to do. I have an appointment with a private immigration attorney for next week, but in the meantoime I need somne answers. I know some cases are more severe than others, but do the Feds look at it all equally? The conviction is still there, in a time capsule, and it doesn't look to go away. What are my odds at avoiding deportation (or "removal", as they now call it)? One attorney I talked to in ther waiting room said the only way to beat this is by getting the conviction overturned! Is this possible? If anyone can help me with advoice, or if you know any free/cheap Immigration Law attorneys in the Bay Area, CA who canhelp me, please let me know. Any bits of wisdom you experts have would definitley be enlightening. I want to stay in the US, where I've been almost my entire life.

Sincerely,

Tom M.

curious what ever came of this tommytahoe if you are out there?

 

[TOMMYTAHOE]

RE: Inquiries on tommytahoe's plight

Hi there,

well, first of all, thank you for the genuine concern; I always appreciate those on these sites who take an interest. Six weeks or so have passed since my somewhat urgent posting of March 8, and much has happened, while also very little.
It turns out that the crime I was convicted of, being a fairly serious drug charge, is classified by the CIS (former INS) as an "aggravated felony", one of a handful of crimes with cause for deportation/removal. Not just that, but this specific category (created in the Immigration & Nationality Act of 1996) also deems me ineligible from both cancellation of removal as well as even the option of a "voluntary departure". This means that b/c of the crime I am stripped of almost all possible avenues of defense. The Immigration judge who would see my case in removal proceedings, so says legislation, is not even allowed to consider any of the normal extenuating circumstances (how long I've lived here, work and pay bills, moral character and so on) which very often have some bargaining power.
So, even the fact that I had my conviction entirely expunged/vacated in CA State rehabilitation program, the Feds regard my conviction as having happened, period, and are obviously not bound to consider any or all individual states' unique laws. Their legal evaluation is independent of those of the states themselves.
Clearly, my plight is bleak, the outlook less than positive. But... I have gotten financial help from my family, in order to retain the attorney I happened to run into when processing these hard truths at the CIS offices in early March. He turns out to be one of the best Immigration lawyers in the country (with a fee to match!), but still admits the different approaches he will take, pre-removal proceedings, are low-% shots, even when presented in concert.
With so much going on, and literally coming to a boil, in the world of Immigration Law and reform, both within the walls of Capitol Hill, and among the streets of America, there are so many more serious issues to be considered, mostly regarding the more than 11 million illegal immigrants living in the shadows of our country. This divisive issue has become a wall separating Dems and Repubs, whites and Mexicans, and anybody straddling the fence in between. But in the House's passed bill of December is one tiny clause seemingly aimed at my specific case: a permanent resident trying to gain clemency due to having a conviction vacated in a state's rehabilitation program, and a perm. res. seeking relief from deportation due to not being properly warned by his attorney of any possibly dire immigration ramifications for accepting a conviction. That one amendment in the House's bill of Dec. pinpoints me, looking to erase my and others' ability to use these arguments as lines of defense. OUCH.
Still, my future does not depend on which, if an, Immigration Reform bill passes the Senate and House. It's still looks very grim either way. So while my attorney and his crack team get continuances, and as we all wait my turn before a 1-on-1 court appearance sometime in September or so, I try to live my life with no real known future, save the immediate one. I can take solace in the fact I have 2 loving parents, a sister, brother-in-law, and 5-month-old niece in Australia, where as a citizen of Oz I would definitely go if deported. At least I would not be exiled to an unforgiving, unpleasant nation not of my choice, and Australia, as many of us know, has so, so many great things to offer.
Yet, I have lived here since I was 10 months old, and have always regarded the USA, its good and its bad, as my country, straight up. With the proof of citizenship or without. And while I try to keep my head up, to live each day as it comes, I still cannot come to terms with this very dark reality lurking ahead of me, more likely to occur than not.
I hope the many, many immigrants out there, legal or not, fighting not to be slain by these out-of-date, draconian, and worsening laws, don't suffer too much through their own deportation life dramas. I hope all of those seeking help on the pages of this website, find what they need, and are able to stay in their country of choice. This one, America.

Thanks again for asking how I'm doing. I certainly gave you a hefty missive in response, but I haven't written much of this down, and you just gave me an ideal opportunity to purge. Tough luck!

Take care, everyone, and call your senators to urge them to vote nay to the unforgiving versions of the Immigration reform bill being fought out in Congress.

Tom

 

[IAAL-5]

Take care, everyone, and call your senators to urge them to vote nay to the unforgiving versions of the Immigration reform bill being fought out in Congress.

My response:

Yeah, like I want to have criminal foreigner in the USA. You're on borrowed time, pal. A plane ticket awaits you.

You want the privilege of being in the USA, but you want to be able to commit crimes here, with no further downside? Hasta luego, amigo.

IAAL

 

[TOMMYTAHOE]

Dear IAAL (?),

are you serious? Do you just write down argumentative things on thes eforum sites, because you're bored and need someone to talk to, even if its to throw insults? First of all, like anybody who has suffered the disease of alcoholism or drug addiction, that was me, and it was 3 years ago, and alot has changed in my life. I am happier than I have ever been , feel like a productive member of society, and am saving money for my future. I think that counts for something, but apparently you do not. Do you feel I should be booted if i was a citizen who convicted the same crtime? If no, then your argument is clearly BUNK since its based not on the nature of the crime, but on the nature of the person, and their status as a citizen or not. Whoops.
Secondly, I am not Mexican, though I do speak aspanish, and no, I would rather NOT "see YOU later" . The fact you just assumed I am of spanish-speaking descnet just furhter reveals your level of intelligence, making porejudiciall assumptions not based on thinking of any kind. Whoops again. I'm sorry the fact I committed a crime that does not affect you matters so much to you. Are you going to be alright? God, I sincerely hope so. i would hate to have another dumbass, racist know-it-all have to suffer, or maybe to get run over by a school bus as he steps out into the street. Yeah, hate for thaty to happen.

L8, or adios

 

[IAAL-5]

Dear IAAL (?),

are you serious? Do you just write down argumentative things on thes eforum sites, because you're bored and need someone to talk to, even if its to throw insults? First of all, like anybody who has suffered the disease of alcoholism or drug addiction, that was me, and it was 3 years ago, and alot has changed in my life. I am happier than I have ever been , feel like a productive member of society, and am saving money for my future. I think that counts for something, but apparently you do not. Do you feel I should be booted if i was a citizen who convicted the same crtime? If no, then your argument is clearly BUNK since its based not on the nature of the crime, but on the nature of the person, and their status as a citizen or not. Whoops.
Secondly, I am not Mexican, though I do speak aspanish, and no, I would rather NOT "see YOU later" . The fact you just assumed I am of spanish-speaking descnet just furhter reveals your level of intelligence, making porejudiciall assumptions not based on thinking of any kind. Whoops again. I'm sorry the fact I committed a crime that does not affect you matters so much to you. Are you going to be alright? God, I sincerely hope so. i would hate to have another dumbass, racist know-it-all have to suffer, or maybe to get run over by a school bus as he steps out into the street. Yeah, hate for thaty to happen.

L8, or adios

My response:

Yeah, whatever. Don't be rude. Just say good-bye. You're gone. Oh, and thanks for spending money with an attorney before you're unceremoniously kicked out on your ear. We need to keep our economy going!

IAAL

 

[IAAL-5]

My further comment:

And, don't forget to write to me from the "old country." I love a good laugh every now and again!

IAAL

 

[TOMMYTAHOE]

Alright, bud, I've had my say. You want me to go toe-to-toe with you on these anonymous pages. No thanks. Have fun. Find someone else. or go kick a dog or something that suits your attitude.

I'm done with this site, so you're next foaming at the mouth won't reach MY eyes.

 

[IAAL-5]

Alright, bud, I've had my say. You want me to go toe-to-toe with you on these anonymous pages. No thanks. Have fun. Find someone else. or go kick a dog or something that suits your attitude.

I'm done with this site, so you're next foaming at the mouth won't reach MY eyes.

My response:

Remember to say "good-bye" to me when you walk onto that plane!

IAAL

 

[Just Blue]

Dear IAAL (?),

are you serious? Do you just write down argumentative things on thes eforum sites, because you're bored and need someone to talk to, even if its to throw insults? First of all, like anybody who has suffered the disease of alcoholism or drug addiction, that was me, and it was 3 years ago, and alot has changed in my life. I am happier than I have ever been , feel like a productive member of society, and am saving money for my future. I think that counts for something, but apparently you do not. Do you feel I should be booted if i was a citizen who convicted the same crtime? If no, then your argument is clearly BUNK since its based not on the nature of the crime, but on the nature of the person, and their status as a citizen or not. Whoops.
Secondly, I am not Mexican, though I do speak aspanish, and no, I would rather NOT "see YOU later" . The fact you just assumed I am of spanish-speaking descnet just furhter reveals your level of intelligence, making porejudiciall assumptions not based on thinking of any kind. Whoops again. I'm sorry the fact I committed a crime that does not affect you matters so much to you. Are you going to be alright? God, I sincerely hope so. i would hate to have another dumbass, racist know-it-all have to suffer, or maybe to get run over by a school bus as he steps out into the street. Yeah, hate for thaty to happen.

L8, or adios

Honey...I don't care if you are Mexican, Canadian or British...You are in this country as a guest...You made a choice at some point to put the straw in your nose or the booze to your lips...Rather than seek help you sold and moved drugs around this country..And if you really believe, and frankly I doubt you do as you seem intelligent and well spoken, that what you did doesn't effect the rest of us, you are kidding yourself!
We have enough problems with citizens of this country selling this crap to our kids..we don't need the guests doing that as well!! I do not think you should be allowed to stay here...You were a rude guest that took advantage of our hospitality and should go home now. Where ever that may be...Have a safe trip and good luck in you new home...

 

[weenor]

Secondly, I am not Mexican, though I do speak aspanish, and no, I would rather NOT "see YOU later" . The fact you just assumed I am of spanish-speaking descnet just furhter reveals your level of intelligence, making porejudiciall assumptions not based on thinking of any kind. Whoops again.

You are soooo...right...Guten tag meine Freud...Du bist ein ashloch!!! I will not assume that you speak spanish, your right...forget the fact that you are illegal and have committed a crime. Don't worry, we're working on the situation. I 'm tired of my ATM asking if I want english or spanish.