Legal Permanent Resident, 300gm of Heroin, faces deportation?

Question

A friend of mine is a Legal Permanent Resident (he has a green card). He got himself into some trouble. He was caught traffiking 300gms of Heroin, and he's in detention. There's an ICE hold on him, so he faces 7-30 years in prison, and possible deportation.

A little background story on him... his mother is a natural born American, but he was born overseas. That's why he has a greencard and not citizenship. He can't get deported because his whole family is in the U.S.

What options does he have?

PS - I don't want stupid answers like deport him and all that... this is a serious issue... there's someone's life hanging in the balance... so SERIOUS responses would be appreciated.

Can he file for extreme hardship? How can he avoid being deported? He has no prior convictions... he's been in the U.S. legally for 7 years. PLUS his mother is a natural born American.

Deporting him would mean separating him from his mother, brothers, and sisters for the rest of his life.

Answer 1

Heroin trafficking is a serious crime. Imprisonment will separate him from his family and righteously so. If his mother failed to file the necessary paperwork to claim his citizenship, our society should not be burdened by her lack of foresight.

We do not need more drug-dealers on the streets. Lock him away and if deportation is indicated, so be it.

He cannot claim extreme hardship. His mother cannot claim she is dependent on him or his drug-trafficking income.

His actions have led to this by the choice of dealing heroin. It is society's fortune he was caught.

Answer 2

It's likely he will be deported after he serves his sentence.  Hardship waivers are rarely granted and, given that he's a drug offender, it's really unlikely.  The best option is to hire the best criminal defense attorney possible and win the criminal case.

Answer 3

His options would be very limited.  He needs to consult with an immigration attorney.  But by the time his prison sentence is up, his wife and kids will have already been doing without him.

If his mother is a natural born US citizen, then he needs to fill out Form N-600, available from http://www.uscis.gov.  SInce his mom is a US citizen by birth, and if she meets the residency requirements, then he can file paperwork to become a US citizen since he would have been entitled to it at birth.  They can't deport him at that point.  And he'll have the length of his prison sentence to figure all that out.

Answer 4

if his mother is a born U.S. citizen he should be one too... it doesn't matter that he was born overseas... his mother should have filed his U.S. citizenship at a U.S. embassy after he was born in the foreign country...  

for him to file extreme hardship is very hard to do... it is almost impossible for someone to win that... by extreme hardship they mean if he would have a life threatening illness or if he is handicapped... or if he fears for his life because by deporting him he faces death... otherwise it doesn't matter...

the only thing I could suggest is for him and his mother to contact an attorney and see if she can still file for his U.S. citizenship, otherwise he is really out of luck because immigration does not forgive people who traffic with illegal drugs... if he does nothing he will eventually be deported after he serves his sentence and will never be allowed back legally into the country...

Answer 5

first of all,

if his mother is an US citizen,and he was born abroad,his mother should have reported his  birth;

here is what the gov says about birth abroad:

of United States Citizens Born Abroad Who Acquire Citizenship At Birth

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

# REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the # child is under the age of 18.# Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted

http://travel.state.gov/law/family_issue...

now as to where he can now apply for citizenship? how old is he?

sure he can get deported, it has nothing to do with his family being in the US...and being separated from them;

i doubt that extreme hardship can be file now,

the only thing i see, is to get a very good attorney but with the charges?i do not see the outcome;

Answer 6

Na Na Hey Hey Kiss Him Goodbye.

Sorry if the mother didn't file the paperwork for her son U.S citizenship too late now under U.S law!!? U.S govt clearly state Permanent Resident can be deported.

edited..................

NOTICE the age and where to file for a child born to U.S citizen parents overseas!!!

A Consular Report of Birth can be prepared only at an AMERICAN CONSULAR OFFICE OVERSEAS while THE CHILD IS  UNDER THE AGE OF 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law.

Documentation of U.S. Citizens Born Abroad

http://travel.state.gov/law/info/oversea...

Answer 7

If his mother was American and he was born over seas it doesn't even mater where he was born, he should be an American Citizen by birth.

Answer 8

He doesn't have many options. He will do his jail time and then be deported. A drug conviction is almost always an automatic deportation with a ban on ever returning.

He CAN be deported. Just because his whole family is here,his mother is a citizen ,and he had no prior convictions doesn't mean squat. If he is separated from his family through deportation,it is because of his own actions.

To file for a hardship,you have to prove your family cannot survive without your financial support. Since he will already be gone from his family during his incarceration and not contributing to them financially,he cannot prove that they would suffer without his income.

He has committed a serious crime and has to face the consequences.