Timberlake, NC asked in Immigration Law for North Carolina

Q: My husband is a illegal immigrant and he was convicted of Cocaine and plead guilty to drug paraphernalia what to do now?

My husband is a illegal immigrant and he was convicted of Cocaine and after hiring a criminal lawyer his final outcome was that he plead guilty to Drug Paraphernalia but now its affecting his immigration but the criminal lawyer that we hired he did not explain to my husband that if he plead guilty to Drug Paraphernalia that it would affect his immigration so what do i need to do now

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2 Lawyer Answers
Allen C. Ladd
Allen C. Ladd
Answered
  • Immigration Law Lawyer
  • Greenville, SC

A: I'm going to assume the paraphernalia charge was related to cocaine. ANY GUILTY PLEA related to ANY controlled substance, OTHER THAN a small amount of marijuana, will most likely mean your husband will be DEPORTED.

To answer your question: You need to speak to another criminal defense lawyer about the possibility of asking for "post-conviction relief" -- to see if it is possible for your husband to have the guilty plea VACATED, or reversed, in a new trial.

Thank you for your question.

Ms Grace I Gardiner agrees with this answer

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Contact an immigration attorney and see if there is a way to argue ineffective assistance of counsel in the criminal case.

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