My question involves criminal law for the state of: New Jersey
My husband & I have been married for almost 5 years & are currently in the process of trying to obtain my husbands green card but we have come across a BIG problem with my husbands past criminal record. He has had 2 drug charges one about 7 years ago (simple possession – under 50 grams) & the other 4 years ago. He is currently serving 5 years probation on the last charge (possession w/ intent) ((under 50 grams)). The issues we are facing now are that our attorney (immigration) believes if we submit his green card paper work, he will be denied & deported. He thinks we should try to go back to court and try to have the last convection over turned.
The conviction was based on a minor’s testimony that my husband had him selling drugs (marijuana) for him. The minor’s testimony was because the prosecutor told him the only way for him to get off was for him to testify agents my husband & say he told him to sell the drugs, when in fact my husband had nothing to do with the situation. After all was send & done my husband took a plea offer since he was facing 10 years & we could not afford to take the case to trial. The young man then sent my husband a letter ((from jail, after he was convicted of selling crack in north jersey)) telling him he was sorry for lying about him in court & saying he knows he had nothing to do with what he was doing. There are more factors involved in this case but this letter would go on too long if I included everything. I just don’t know what to do & I desperately need help. I do not want to have to choose between my husband & my country! I need some advice on what I should do & if anyone knows a VERY GOOD attorney in the New Brunswick area I would love to hear from you… Thanks so much for taking your time to help me out…
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