By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: In 1981, I was convicted of felony possession of marijuana. I have a green card. I want to travel to Trinidad for my grandmother’s funeral, but I am afraid that they won’t let me back in. Can I travel?
Spar & Bernstein: Unfortunately, your 1981 conviction for possession of marijuana makes you deportable under the immigration laws of the United States. If you were to travel outside the United States, it is more than likely that when you return you will be placed into removal (deportation) proceedings. You may even be detained until you can see an immigration judge, which could take 10 days or maybe even 2 weeks. By traveling outside the United States, you are in essence alerting the Immigration Service that you have a conviction. Fortunately, you are eligible for relief from removal. If placed into removal proceedings, you may file for Section 212(c) waiver. With this waiver, you will have to show that your positive equities far outweigh any negative equities. Positive equities include but are not limited to duration of status in this country, your familial ties in the US, your history of employment. Negative equities are your criminal convictions and any immigration violations. Once the evidence is presented before the Immigration Judge, he or he/she will make a determination on whether your positive equities outweigh your negative equities.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
