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It was suggested that a Permanent Resident, not eligible ...
Sent to Legal Experts May 15 07:02 PM

It was suggested that a Permanent Resident, not eligible for expungement for 2 possession of marijuana convictions try and get a Pardon. I read somewhere that a Pardon doesn't work for Immigration purposes, for drug charges. Is this true?

 

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Milwuakee, Wisconsin

Customer (name blocked for privacy)
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May 15 7:21 PM (19 minutes and 46 seconds later)
         
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Dear Cottage 1953,

A pardon can work for anykind of charge, however for immigration, they work off of a "have you ever been" rule. So, even though you may have gotton a pardon, when it comes to the question: "have you ever been..." you have to answer yes. They will find a record of the conviction and the pardon. A pardon does not impart innocence. It merely says you have been pardon for the crime you committed.

More beneficial to you would be the recent supreme court decision regarding Legal Permanent Residents who have guilty verdicts and have served sentences for drug crimes. If the crime would be considered a misdemeanor under Federal Law, deportation is not automatic and certain. You have the right to representation in immigration court to appeal the deportation. The court directives are such, that as long as the charge is a mis-demenor under federal law, you can successfully appeal the deportation. (note: there are no gaurantees for any court appearance, one way or the other).

My advice is to find a criminal law attorney who also has experience with immigration cases or the other way around: an immigration attorney who is experiened with the immigration court system.

REFERENCE: http://www.workpermit.com/news/2006-12-11/us/supreme_court_rules_against_deportation_01.htm

 

 




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