Probability of Deportation with Aggravated Felony

**amylizsie** · 03-16-2007, 07:01 PM

I am a US born citizen but I'm extremely worried because my fiance received a letter yesterday saying that they want to deport him back to Vietnam because of his criminal record. He was convicted of two separate crimes, a theft and possession of drugs with the intent to distribute, the letter said one of these (I forget which) was an aggravated felony according to immigration law. The most recent crime was seven years ago and he has since turned his life around completely, gotten his BA, and is a person of good moral character. He has lived here in the US since he was six years old as a legal resident alien and this is the only country he knows.

What are his chances of not being deported? How should we go about fighting this when the hearing comes? We have already contacted an immigration attorney and will be working with her, but I would like as much information as possible. We were planning on getting married in February 2008, but are now wondering if it would help his chances if we married immediately. Any information you can offer as to how to fight this would so very much appreciated. Thank you!

P.S. We live in Washington state.

**aaron** · 03-16-2007, 08:42 PM

If the offense qualifies as an aggravated felony under federal law, he may be deported. The USCIS takes drug crime seriously. It is wise to be working with an immigration lawyer.

**amylizsie** · 03-17-2007, 02:35 PM

Thank you for your response. When my fiance spoke with the immigration lawyer on the phone she was worried about the drug charge as well. So as I understand it, if we cannot appeal the ruling that it was an aggravated felony then he will be deported for sure? Is there any recourse besides that? It may be possible to appeal the ruling because the police reports are rather vague, but if that fails I want to explore as many options as possible.

**Mr. Knowitall** · 03-17-2007, 09:38 PM

The question is, what was his conviction charge? Ambiguities in the police report won't change the conviction charge.

**amylizsie** · 03-17-2007, 11:07 PM

He was convicted for possession with the intent to distribute. Does that mean that he will for sure be deported?

**Mr. Knowitall** · 03-19-2007, 05:48 AM

That's not enough to tell me his conviction charge.

The fact that he was convicted of serious offenses, and is now a subject of deportation proceedings, suggests a high probability that he will be deported.