Immigration Corner | Can my son file for me?

Dear Mrs Walker-Huntington,

I was living in America in the 1990s when my sister gave my phone number to a woman who was involved with drug trafficking. I got caught up in a conspiracy with this woman and was arrested. I went to prison for two years and was deported over 20 years now. My son, who is an American citizen, wants to file for me. Do I have anything to be concerned about?

AM

Dear AM,

Whatever the reason is that a person is deported from the United States, it will also make them inadmissible to the United States. This applies whether they seek to return as an immigrant or a non-immigrant.

Drug charges are the most unforgivable indiscretions that an immigrant can incur in America, because there is almost never a waiver for such charges, the exception being possession of under 30 grams of marijuana. Other violations of criminal and immigration laws have waivers that are aligned with certain family members that, if granted, can allow the deported person to return to America.

In a situation where a person was convicted of a felony (more than a year in prison) and if the charge was a drug conspiracy charge, there would be no waiver available for an immigrant visa. Such a charge could render a person inadmissible for a substance abuse violation and/or as an aggravated felony.

As always, any person with an immigration history should have a consultation with an immigration lawyer to review their file and determine their personal situation.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com