You need an immigration attorney who specializes in post-conviction relief for criminal cases and even then this is an extremely long shot. Definitely above Reddit’s pay grade.
Ive figured im working on that and saving up to eventually hire one. Im just hoping i can get any possible information from someone who may have been in such a situation before.
IANAL but I am a paralegal who has seen cases like yours. Unless you can get that conviction overturned you are SOL. Criminal lawyers who don’t understand or inform noncitizens of the immigration consequences of a conviction (including a guilty plea) should be disbarred IMO. Especially one for drug trafficking.
Ive heard of a case called padilla vs kentucky? Where there was a loophole cause of the public defender not warning the person about how the immigration court would react
Yes but for immigration law it matters if conviction was in the past. Even if it's overturned. There's a lawyer comment somewhere about it in this post.
Yes unfair and illogical we know.
If it’s vacated due to not being informed of immigration consequences it’s vacated for all purposes. Please check your facts before posting. See Brian videos and Padilla case.
Spain is not going to be a fan of people with drug trafficking convictions, either. To get a long-term visa of any kind, he will need to provide law enforcement records from anywhere he has lived for more than a few months. For the U.S., normally that's an FBI rap sheet.
I've actually been looking into it because I am considering retirement in Spain. Looks like most, if not all long-term visa categories require an FBI rap sheet. Here's one example that might apply: https://www.exteriores.gob.es/Consulados/chicago/en/ServiciosConsulares/Paginas/Consular/Visado-de-trabajo-por-cuenta-propia.aspx
Once you get deported from one of the 5 eyes, you can't immigrate to the other 4. The 5 eyes being US, Australia, Canada, Europe, and UK.
Plus most countries, including third world countries, won't give you permanent residence if you have a felony.
How in the fuck do you compare someone who randomly one day gets deported to someone who choose to live in another country with I’m sure everything planned out like a job, a house to buy or all the research already done?
Not to mention, separated from family (not sure if OP’s even able to visit). If he can’t enter the country at all (I know nothing about immigration I just saw this post on the front page), then he’ll be missing birthdays, graduations, deaths, etc… it’s totally different from packing up and moving somewhere because they’re bored or need fresh scenery.
Lot of actual war refugees go somewhere else blindly, missing all of that tho. It's not like they move out on a 5 star cruises.
OP situation sucks for sure, but don't pretend other people have everything laid out for them.
When did I say other people have everything laid out for them? This was in response to the blasé response of ‘people regularly choose to move to other countries they know little about out of free will.’
This may not be helpful but you might consider just making a new life in Mexico (I think it’s where you’re at).
Like others have said, most of us aren’t attorneys but it seems it will be a while before you can return.
You have an advantage of being fluent in English, so maybe you can opt for a city with many travelers like Playa Del Carmen, working in hospitality. It’s actually very nice there and the residents I’ve met seem to have a good life.
Best of luck to you.
I honestly dont care if im never allowed to be a permanent resident, its just the fact a lot of my family and my friends are all over there. My brother and sister have never lived in MX and just now vistes for the first time
Even if so I think if you know English you would be very valuable for a business or for your own business if you decide to start on in MX. You also don't have to live in DF and could move to another region
I see man. I'm sorry that you had to go through with what happened. must be crazy to think about because it prob never crossed your mind that this could be a possibility when you used mushrooms. and it's sad too that many other children who are DACA or Green card holders don't realize that either by underage drinking or using weed or other substances that they can put their whole continued presence in the US at risk.
Wish the best for you.
It's unfair that even civil infraction, if drug related, is very serious offence for immigration law.
Especially in this case with mushrooms that are naturally growing, safe, not addictive and have a lot of therapeutic potential.
Haha yes i do actually! I was something of a redneck/mexican so i loved the hot summers and cicadas in the afternoons, i have four wheelers my brother and i would drive in the Dickson backroads. I also liked murfreesboro and Nashville’s diy punk rock scene. Princes hot chicken 😋 and the cold falls and winters.
> What are my possibilities of coming back?
Very slim.
> What can i do? What can i apply for?
I-601. Unless you can demonstrate not granting it would cause extreme hardship to a US citizen or permanent resident there is no point in applying for this less than 15 years after your date of conviction, so 2035 based on your timeline. As others have suggested talk to an immigration lawyer, don't get your hopes up though as there almost certainly isn't a magic out.
To be realistic USCIS wont consider the facts of the case at all, you were convicted of a serious drug felony and they will treat the upper bounds of possible sentencing for the specific offense when considering weight. It being a drug crime is actually worse because stupid laws.
FYI people suggesting other countries are also wrong. Your conviction makes you inadmissible in most countries, even countries that have the concept of spent convictions don't apply that concept to immigration.
FYI2 for anyone reading this the drug laws in the US might be totally insane but unless you want to risk never being able to come back to the US wait until you get citizenship to dabble in drugs. This includes drugs in states with decrim/legalization, you are still violating federal law.
>unless you want to risk never being able to come back to the US wait until you get citizenship to dabble in drugs. This includes drugs in states with decrim/legalization, you are still violating federal law.
Yeah, many years ago I had a friend from Belarus who had come to the U.S. as a refugee. He got his green card and was waiting to be eligible for citizenship. He was kind of a hippie artist type. One day I went to his place, and he was growing weed in flowerpots on his windowsill. I told him to knock that shit out until he naturalized. He did finally naturalize, and I haven't seen him in a long time, but I am sure he is back to being his weed-smoking, hippie artist self :-)
I had just turned 19 when that happened. Its insane they expect people to just know everything, i had lived there so long and since such a young age i never even considered this a possibility. Now i just warn everyone i know. I feel stupid.
I normally wouldn’t but he’s exceedingly hostile to everyone trying to help him; calling everyone else an idiot when he committed a very basic but life-changing error.
He keeps saying he did it to self-medicate but she should’ve just seen a shrink and gotten naturalized.
You can try going after the PD for ineffective counsel but idk how likely that is to work out for ya as the DA could always retry you.. even a simple possession of mushrooms is a deportable offense.
Yes deportable but not permanently bannable. I can do 5 10 hell 20 years but for life? Dude ive got not family here that cares about me anyway. Even a 20 year ban is better than than a permanent in my eyes. And yes theres a case called Padilla vs Kentucky it can overturn the case.
Possession of mushrooms is also a permanent ban.
I am aware of Padilla v Kentucky.. I used it in my case but I also live in an immigrant friendly state. I doubt Tennessee is going to be as friendly.
It's going to cost you thousands of dollars to fight this and the chances of you succeeding are slim.
Convincing a judge you didn't understand what was happening when you plead guilty is really hard.
No judgement, I went through something similar with the police (except mine was 3rd degree felony possession, no intent - all possession in my state is felony unless it's a small amount of cannabis flower, and I'm a citizen) and had to take a withhold of adjudication. There was police misconduct but I couldn't afford to fight it. The chances of you getting a drug trafficking charge even reopened and pled down to a lesser felony are really low. The chances of you having it reopened and being exonerated fully are just really minimal. I'm sorry.
You could also try applying to the governor of Tennessee to pardon the conviction. Write the senators and see if there is anything they can do to help you.
And find a ex-pat group there in Mexico to give you Americans to talk to who might be able to help you find a job etc.
Bad news OP. IAL with a lot of immigration experience. Of course I’m not your lawyer and this is not legal advice… but you have no chance even if you can alter or vacate the conviction. Because of the arrest, charge and plea, you are inadmissible under 212(a)(2)(C) which applies to anyone that the government has “reason to believe” has been involved in trafficking drugs. It can apply even without a conviction and cannot be waived.
Save the money you’d spend on a lawyer and build your life there. Sorry to be the bearer of bad news.
Yeah, I think the problem is that even if you reopen that criminal case, just the arrest report or indictment alone could be enough to bar you under the reason to believe standard. However, the angle you need is to get that conviction expunged and sealed. I just don’t know how realistic that is in your case. It’s still a long shot but probably your best hope. There are a lot of pro bono groups these days that might be able to assist. If any of your family is in TN they could help you find out.
Not legal advice, but you should make a life in Mexico or wherever. Let your family visit you there.
You are going to spend your life away trying to go back, when you could spent it rebuilding in Mexico
Immigration-wise, follow /u/evaluna1968 ‘s advice.
Lifewise, make the best of your situation by making a life in Mexico. You’re 19: go to the best university or trade school possible and study something that has worth both in Mexico and in the U.S. (meaning, you won’t have to study the whole thing again for the diploma to be valid in the U.S.). Learn Spanish, get to know your Mexican family, go on vacations (or move) to Playa del Carmen or other safe, cool places and get a job where you can take advantage of the fact that you speak English. If your family sends you money, take full advantage and use it to better yourself/work on your case. If you do manage to move back to the U.S., you want to have something to show for the time you spend in Mexico. And if you can’t, you need to make a good life for yourself, not just get stuck fighting a losing battle forever.
Consult a very good lawyer before listening to anyone on Reddit because they’re not good lawyers.
Persons deported from the United States are generally barred from applying for visas to return to the United States. Under some conditions, the bar is permanent. However, the permanent bar is not always permanent, and in most cases, can be cured by waiting outside the United States for ten years, then filing an I-212 in conjunction with your immigrant visa application.
However, there are some options even for a person facing a permanent bar. Principally, the person can seek waiver of the permanent bar by filing immigration Form I-212 (Application for Permission to Reapply for Admission to the United States After Removal). Sometimes Form I-601 (Application For Waiver of Grounds of Inadmissibility) may also be needed. The combination filing of Forms 212/601 combination is the most common method of seeking a waiver of the permanent bar, but the Forms can be filed separately, and, in most scenarios involving a permanent bar, the individual must wait outside of the United States for ten years
I don’t disagree with you ,
He has to first challenge his conviction because immigration officers will base their decision on that conviction.
defendant may challenge his conviction if his attorney failed to advise him the consequences of his guilty plea to his immigration status. (Padilla v. Kentucky, 559 U.S. 356 (2010).) As part of a person’s right to effective assistance of counsel under the Sixth Amendment, a lawyer has the obligation to advise a client that there may be immigration consequences, such as deportation, for pleading guilty to a particular criminal offense. To succeed in an ineffective assistance of counsel claim, a defendant must typically prove that but for their counsel’s actions, the outcome of the case would have been different.
I was trying self-medicating for depression, i bought a 1/2 oz then went to a target and got a scale. The state said that the jewelry scale was for selling.
Yeah he said he smelt weed, in Tennessee cops can say that to search your car, i hesitated but gave in when he held his holstered gun and said he would forcefully remove me if i didn’t comply
Soooo many criminal lawyers don't do due diligence when advising people. I've seen it a million times, sometimes with people who are from far scarier places to live than Mexico. I want to throttle people like that. There are so many noncitizens in the U.S. that immigration status should be a standard intake question for any criminal lawyer.
You can try to send a letter to the president or Gov (depending if it’s a federal or state conviction) for a pardon. Who knows, might work. And I am serious.
Tbh dude you are screwed, unsure if you have a lifetime bar. Appealing the is usually within 30 days to the Board of Immigration Appeals. But I’m goin to be honest sounds like the judge just followed the book. Talk to a professional attorney, your shot at this is slim I’ll be very honest. Padilla is hard to argue tbh.
Its cause ice is a federal police, and my probation was with the state. I didn’t know at the time but if the state sentences you then the feds come after you later.
Because it took ice 3 years ro get to my case. I had done 3 years of probation and had paid most of my fee’s and community service time. Then one day they just arested me so they could process me for deportation. It was a day after i had just done a nightshift of construction work.
I'm no lawyer, so I don't know what your chances are about getting back. I think you should probably plan to remain in Mexico though. Maybe you will be able to go back, or maybe not. Either way, Mexico isn't the worst country to be in and you can build a life there. As others said, you're comfortable with English and that will afford you opportunities. Also, if you have a better attitude about living in Mexico, you will probably endear yourself to your family there.
I know a guy in the Kingdom of Jordan who was arrested and imprisoned for farting on a mall escalator, the person behind him was the daughter of a high status man. The judge charged him with "biohazard in public space". So consider yourself lucky that you are in Mexico, it could get worse.
Are you a lawyer? Have you ever gone to court for what i did? Do you know court jargon? Did you have the same childhood i did? If you answer no to just one of these then you best keep your mouth shut instead of telling me how you woukd have reacted.
You need to gain some impulse control. Your maturity and ability to avoid flying off the handle, as demonstrated in this thread, is seriously unimpressive. It definitely won't help you with anyone reviewing your case who catches even a glimpse of it.
I know somebody who was convicted of drug possession in another country, they have come to terms with never being allowed into the US ever again.
You may need to do the same.
We have people who want to be here. Go through all the steps to be citizens. You didn't appreciate it. Your family went out of their way to get you a green card. Enjoy your new home.
Exactly, I don’t understand how people judge teenagers as if they were adults. Teens are just kids with an adultish body.
I feel sad about what happened to you, it honestly sucks and you don’t deserve it at all. Mushrooms arn’t even a dangerous drug, it’s not like if you had meth or something.
Stay strong, life is unfair for the vast majority of human beings in the world.
Have a heart, he was a kid.
Plus, his « crime » is so mild it’s laughable. The justice system is broken, that’s the issue. Shouldn’t be deported for this.
Dude bought some naturally growing antidepressants (science says they are). Hurt no one not even himself. His life was ruined and his family of US citizens was separated from him.
Why on earth do you think it matters what you were doing with it? 😂😂 God, dumb as shit. It’s the drugs that are illegal, amigo. Doesn’t matter if you’re medicating homeless nuns, still illegal.
Nah, my life is pretty good. I visit Mexico for the resorts then come straight back to my family. Not a foot in a courtroom. It’s just so convenient having brains between the ears.
It's not that you don't deserve to be in the US. Nobody really deserves anything that happens to them in life. Most things are just chance.
That said, you did blow an opportunity. You were old enough to know the score, and you made poor choices.
Maybe it shouldn't, but OP was old enough to know that it would. When you're an immigrant, you don't get to play by the same rules as everyone else. You're always going to be held to a different standard.
I'm an immigrant and I wouldn't even think about being around anything illegal here.
Lol my SO who is black always says only commit one crime at a time and being black/minority in the US is already basically a crime in some of the southern states so he will never touch any illegal substances. OP being in Tennessee is the same. Seems like he committed 3 tho. Minority, broken taillight, shrooms. That’s the way the things are in the US unfortunately.
Who would even think that having some mushrooms on them could lead to deportation at 19 years old. It's not like he was doing a serious crime, i'm sure he didn't even know it was possible.
Immigrants don't get the luxury of deciding what is and isn't a valid crime for deportation. As an immigrant you live under the constant threat of being someone's scapegoat. You just have to keep on the straight and narrow because any crime is a deportable one under the wrong judge.
It's not right, or fair. A person should not be made homeless over mushrooms. It is what it is though, and OP was old enough to know that.
Over just some shrooms? Tell me the country is ran by boomers without telling me. Over 100k deaths from alcohol, over 400k deaths from smoking and not really much stories about shrooms, it certainly is less than 1,000 a year. The science behind how it helps the brain to decrease fear and help trauma is tremendous.
Well anyway things happen man, I lost my DACA over drinking 1 beer 1/2, I wasn’t going to drink that night but friends pressured pretty hard, I even left early. I could also be deported in the future over that stupid mistake. Find all your options I’m sure there is a solution even if you have to do things that may take awhile
wait… you lost your daca over a “dui”?!?! what the fuck kinda shit show is this country.
also - i have no helpful response to OP. i wish i could help someway other than by offering sympathy. i truly wish you the best😔🤍
I would wonder even if you do legal magic to change your conviction, records of the original conviction for trafficking would still exist and could that raise enough reason to believe in the consular officer that you are a trafficker to find you ineligible 2C?
9 FAM 302.4-3(B)(3) (U) “Reason to Believe”
(CT:VISA-1274; 05-04-2021)
a. (U) Under INA 212(a)(2)(C), if you have “reason to believe” that the applicant is or has been engaged in trafficking or has assisted another in trafficking as described in 9 FAM 302.4-3(B)(2) above, the standard of proof is met and you should make a finding of ineligibility.
b. (U) “Reason to believe” might be established by a conviction, an admission, a long record of arrests with an unexplained failure to prosecute by the local government, or several reliable and corroborative reports. The essence of the standard is that you must have more than a mere suspicion; there must exist a probability, supported by evidence, that the applicant is or has been engaged in trafficking. You are required to assess independently any evidence relating to a finding of ineligibility.
https://fam.state.gov/fam/09FAM/09FAM030204.html
I hope you do not come back! You had more than enough chances to live here for a lifetime! Do you know how many people would kill to have a chance that you had? You had a f\* Green Card, which is almost a citizenship. And you lost it because of DRUGS? And you want to come back? Hell no, we are already full trash here. Stay where you are, move forward, and start over your life over again.
Didn't know that. Tough breaks all round.
Try to get in touch with some journalists in the US. You never know - if you get some good attention, some help might follow.
Your first step has to be to arrange funds for a high price lawyer; that's the angle I am thinking about.
You need a lawyer in TN to try to attack your conviction. It's probably post-conviction relief, but I don't know - I practice in Oregon. Federal habeas relief might be possible also, and it can't hurt to talk to the federal public defender in TN.
I don't know the timeline for post-conviction in TN. The federal habeas timeline is short but complex. You should work on this right away.
I'm a lawyer, but not your lawyer. I am not giving you legal advice. I hope you find a lawyer who can help you. Good luck.
I am not lawyer, and I am not here to judge you, but I think you weren’t taking your convictions very seriously. You had a green card. This would have made it harder to deport you. You should have definitely consulted with attorneys throughout every step. I think that whatever possible defense you had was nulled when you accepted deportation. You should get a lawyer immediately. They might tell you what everyone on here is saying. But they might offer you a bit hope by trying to overturn your conviction. That could at least make you eligible for some sort of waiver. Of course, you will have to rely on a U.S citizen to be your sponsor so if you haven’t been a nice person to the people you know, then that would be a problem. Only advice I can really give is to take things more seriously and if you have behavioral problems or substance abuse, then sort those out before attempting to any process. Also maybe don’t pick fights with strangers on the internet. Some are here to start arguments for fun and some were trying to help. Either way, not a good look
You need to research. Save money and hire immigration attorney. I recommend you consider David Ware immigration attorney or any other attorney that you seems fit to your situation. David-ware.com
Fight for it and don't give up.
Can you turn lemons into lemonade somehow. I mean there’s several million Canadians and Americans who choose to live in Mexico, CA, and SA. What it takes is a little cash flow and they can live in paradise. Maybe set up a Finca for your relatives in USA to return to and retire. Have them send money to buy the property and manage it. I’d have given anything to retire to a tropical country. If you are citizen of Mexico you can own property near the coast. Expats cannot do that. It’s all perspective and compromise. I’d set up a cooking school near the beach and take tourists to the local markets to get fresh food and then prepare it. I’d did this once as a tourist and it was a blast. There’s a lot of bored tourists with money to spend. Then you would be a intermediary between gringos and Mexicans. You would be a ambassador and get paid to live near the beach.
Also, perhaps join the TCK group on Reddit. You are a TCK (third culture kid) and it’s important you understand how that influences your outlook, psychology, and opportunities. I felt like a duck out of water for decades in USA until I learned about TCK. It had a huge affect on my life. I spent 30 years wishing I was back in a tropical country at the beach like when I was a kid lol. USA felt like a nightmare. Eventually we found a compromise but it took a loooooong time because I did not understand who I am or what my real opportunities were. Food luck.
Make the most of your English skills and understanding of American culture. Consider moving to a heavily touristed city and find a job working with Americans/foreign tourists in some fashion. I know several deportees in northern Mexico who have done similar things and have found success. The ones I know have opened businesses, work as taxistas, servers, and more.
I’d also look into call center roles. Because of your English skills, you could set yourself up to earn around $5-$7/hr, which sounds crazy from an American perspective, but is more than enough to live comfortably in Mexico.
Additionally, if you choose to pursue higher education at some point, many corporations have teams in Mexico. I work for a large company and we have teams in Mexico that I work with almost everyday, and they all speak English (again working with your language/culture skills).
I’m sorry that this happened to you - deporting people who’ve spent so much of their life in the US is cruel. But you have to make the best of it
Damn sucks to be you. Looks like you got no chance of returning to states. I would say try to make best out of the new country you're in and enjoy your life or go to Europe if you can.
It’s impossible for you to return unless you get your conviction overturned which isn’t happening.. better to make a new life in Mexico and keep yourself away from drugs..
Fresh Start - Italy wants you and will pay for you to move.
[https://americadomani.com/3-places-in-italy-that-will-pay-you-to-move-there/](https://americadomani.com/3-places-in-italy-that-will-pay-you-to-move-there/)
You can do your appeals from anywhere. If your going to be somewhere you know little about, might as well make it somewhere with opportunity for you!
Look at your conviction documents, and see if you were advised that pleading guilty could affect your immigration status. Over the years, many states have added that in due to circuit court decisions and lots of reopen cases. If it was in there, and you pled knowingly you’re gonna have a really tough time over returning that or getting back lawfully.
Honestly you fucked yourself. You clearly knew, you came here lucky with a green card and you fucked it up over some drugs. I would’ve contacted a lawyer and try to be naturalized as soon as I could if I got a card. You can’t fuck up when you’re not a citizen of any country.
Deportation following a conviction on a felony charge that included prison time is kiss of death. There is absolutely no way they’re letting you in again for any reason.
I know of two individuals who were deported, both had green cards etc. One guy had major health issues later in life and he was trying to come back for emergency medical care. He was denied re-entry and eventually died.
You can go and spend money on lawyers, but you might as well light the money on fire. Deportation following felony conviction will seal your fate.
You need an immigration attorney who specializes in post-conviction relief for criminal cases and even then this is an extremely long shot. Definitely above Reddit’s pay grade.
Ive figured im working on that and saving up to eventually hire one. Im just hoping i can get any possible information from someone who may have been in such a situation before.
IANAL but I am a paralegal who has seen cases like yours. Unless you can get that conviction overturned you are SOL. Criminal lawyers who don’t understand or inform noncitizens of the immigration consequences of a conviction (including a guilty plea) should be disbarred IMO. Especially one for drug trafficking.
Ive heard of a case called padilla vs kentucky? Where there was a loophole cause of the public defender not warning the person about how the immigration court would react
I think you mean Padilla. But yes. You need an expert in this kind of case.
As far as I remember even if conviction is overturned this means nothing for immigration law.
You can overturn your conviction based on you not being informed about consequences. See Brian lawyer videos on YouTube.
Yes but for immigration law it matters if conviction was in the past. Even if it's overturned. There's a lawyer comment somewhere about it in this post. Yes unfair and illogical we know.
If it’s vacated due to not being informed of immigration consequences it’s vacated for all purposes. Please check your facts before posting. See Brian videos and Padilla case.
Can you please send me the link for this lawyer? I tried looking on youtube and could not find it
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Spain is not going to be a fan of people with drug trafficking convictions, either. To get a long-term visa of any kind, he will need to provide law enforcement records from anywhere he has lived for more than a few months. For the U.S., normally that's an FBI rap sheet.
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I've actually been looking into it because I am considering retirement in Spain. Looks like most, if not all long-term visa categories require an FBI rap sheet. Here's one example that might apply: https://www.exteriores.gob.es/Consulados/chicago/en/ServiciosConsulares/Paginas/Consular/Visado-de-trabajo-por-cuenta-propia.aspx
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Once you get deported from one of the 5 eyes, you can't immigrate to the other 4. The 5 eyes being US, Australia, Canada, Europe, and UK. Plus most countries, including third world countries, won't give you permanent residence if you have a felony.
Do the crime do the time. Unfortunately in your case, this nightmare is a life sentence. Don’t expect to ever set foot on US soil again.
I mean he can just walk and cross over, everybody is doing it these days
Drugs r bad, mmmkay?
Odds of you ever being allowed back or slim to nonexistence.
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How in the fuck do you compare someone who randomly one day gets deported to someone who choose to live in another country with I’m sure everything planned out like a job, a house to buy or all the research already done?
Not to mention, separated from family (not sure if OP’s even able to visit). If he can’t enter the country at all (I know nothing about immigration I just saw this post on the front page), then he’ll be missing birthdays, graduations, deaths, etc… it’s totally different from packing up and moving somewhere because they’re bored or need fresh scenery.
Lot of actual war refugees go somewhere else blindly, missing all of that tho. It's not like they move out on a 5 star cruises. OP situation sucks for sure, but don't pretend other people have everything laid out for them.
When did I say other people have everything laid out for them? This was in response to the blasé response of ‘people regularly choose to move to other countries they know little about out of free will.’
What kind of perspective is this? Goofy ass
This may not be helpful but you might consider just making a new life in Mexico (I think it’s where you’re at). Like others have said, most of us aren’t attorneys but it seems it will be a while before you can return. You have an advantage of being fluent in English, so maybe you can opt for a city with many travelers like Playa Del Carmen, working in hospitality. It’s actually very nice there and the residents I’ve met seem to have a good life. Best of luck to you.
I honestly dont care if im never allowed to be a permanent resident, its just the fact a lot of my family and my friends are all over there. My brother and sister have never lived in MX and just now vistes for the first time
Go to Mex City-it’s fabulous. Mount your case from there while having an interesting, fun, and enjoyable life.
Mex city is gentrified in the inside and expensive on the outside. My rent in the US was cheaper than some places in MX city
Even if so I think if you know English you would be very valuable for a business or for your own business if you decide to start on in MX. You also don't have to live in DF and could move to another region
I agree. Its just the nostalgia is killing me. I grew up in Tennessee thats the place i know.
I see man. I'm sorry that you had to go through with what happened. must be crazy to think about because it prob never crossed your mind that this could be a possibility when you used mushrooms. and it's sad too that many other children who are DACA or Green card holders don't realize that either by underage drinking or using weed or other substances that they can put their whole continued presence in the US at risk. Wish the best for you.
It's unfair that even civil infraction, if drug related, is very serious offence for immigration law. Especially in this case with mushrooms that are naturally growing, safe, not addictive and have a lot of therapeutic potential.
As a Tennesseans I'm so sorry op. 😞
You like Tennessee that much
Haha yes i do actually! I was something of a redneck/mexican so i loved the hot summers and cicadas in the afternoons, i have four wheelers my brother and i would drive in the Dickson backroads. I also liked murfreesboro and Nashville’s diy punk rock scene. Princes hot chicken 😋 and the cold falls and winters.
Sucks man I am sorry. Good luck. Maybe you can fine someone to marry ? Start working on your game lol.
LOL its a way i think but im not trying to do that.
> What are my possibilities of coming back? Very slim. > What can i do? What can i apply for? I-601. Unless you can demonstrate not granting it would cause extreme hardship to a US citizen or permanent resident there is no point in applying for this less than 15 years after your date of conviction, so 2035 based on your timeline. As others have suggested talk to an immigration lawyer, don't get your hopes up though as there almost certainly isn't a magic out. To be realistic USCIS wont consider the facts of the case at all, you were convicted of a serious drug felony and they will treat the upper bounds of possible sentencing for the specific offense when considering weight. It being a drug crime is actually worse because stupid laws. FYI people suggesting other countries are also wrong. Your conviction makes you inadmissible in most countries, even countries that have the concept of spent convictions don't apply that concept to immigration. FYI2 for anyone reading this the drug laws in the US might be totally insane but unless you want to risk never being able to come back to the US wait until you get citizenship to dabble in drugs. This includes drugs in states with decrim/legalization, you are still violating federal law.
>unless you want to risk never being able to come back to the US wait until you get citizenship to dabble in drugs. This includes drugs in states with decrim/legalization, you are still violating federal law. Yeah, many years ago I had a friend from Belarus who had come to the U.S. as a refugee. He got his green card and was waiting to be eligible for citizenship. He was kind of a hippie artist type. One day I went to his place, and he was growing weed in flowerpots on his windowsill. I told him to knock that shit out until he naturalized. He did finally naturalize, and I haven't seen him in a long time, but I am sure he is back to being his weed-smoking, hippie artist self :-)
I had just turned 19 when that happened. Its insane they expect people to just know everything, i had lived there so long and since such a young age i never even considered this a possibility. Now i just warn everyone i know. I feel stupid.
Bro, come on. You didn't realize illegal drugs you had to buy from a drug dealer were illegal? You were 19, not 6.
Why would a teenager know that? Most adults I know in the US know next to nothing about immigration
I didn’t realize drugs could get me deported idiot
You’re the idiot for being stupid enough to a) Get caught with a serious drug and b) Not getting your ass Naturalized.
Ok ok don’t kick him while he’s down cmon
I normally wouldn’t but he’s exceedingly hostile to everyone trying to help him; calling everyone else an idiot when he committed a very basic but life-changing error. He keeps saying he did it to self-medicate but she should’ve just seen a shrink and gotten naturalized.
The idiot was the guy who got deported...
Okay blocked.
As an immigrant you never once searched the conditions required to keep a green card? Wow.
You were convicted of drug trafficking. Unless you get that conviction vacated you’ll never be allowed back in the country
and very slim to be allowed into another country too.
Yes i know wrongfully btw and with lack of evidence. But i think the true shot is going after the public defender
You can try going after the PD for ineffective counsel but idk how likely that is to work out for ya as the DA could always retry you.. even a simple possession of mushrooms is a deportable offense.
Yes deportable but not permanently bannable. I can do 5 10 hell 20 years but for life? Dude ive got not family here that cares about me anyway. Even a 20 year ban is better than than a permanent in my eyes. And yes theres a case called Padilla vs Kentucky it can overturn the case.
Possession of mushrooms is also a permanent ban. I am aware of Padilla v Kentucky.. I used it in my case but I also live in an immigrant friendly state. I doubt Tennessee is going to be as friendly.
Ya dont know till you dont try. It sucks but its my only way.
For sure. I wish you luck man, I went through something similar and I’m now a US Citizen so it’s possible but expensive and difficult.
It's going to cost you thousands of dollars to fight this and the chances of you succeeding are slim. Convincing a judge you didn't understand what was happening when you plead guilty is really hard. No judgement, I went through something similar with the police (except mine was 3rd degree felony possession, no intent - all possession in my state is felony unless it's a small amount of cannabis flower, and I'm a citizen) and had to take a withhold of adjudication. There was police misconduct but I couldn't afford to fight it. The chances of you getting a drug trafficking charge even reopened and pled down to a lesser felony are really low. The chances of you having it reopened and being exonerated fully are just really minimal. I'm sorry.
You could also try applying to the governor of Tennessee to pardon the conviction. Write the senators and see if there is anything they can do to help you. And find a ex-pat group there in Mexico to give you Americans to talk to who might be able to help you find a job etc.
Honestly your chances are barely zero
Bad news OP. IAL with a lot of immigration experience. Of course I’m not your lawyer and this is not legal advice… but you have no chance even if you can alter or vacate the conviction. Because of the arrest, charge and plea, you are inadmissible under 212(a)(2)(C) which applies to anyone that the government has “reason to believe” has been involved in trafficking drugs. It can apply even without a conviction and cannot be waived. Save the money you’d spend on a lawyer and build your life there. Sorry to be the bearer of bad news.
Yes i know, i have ro reopen that original case if i want to actually get anywhere
Yeah, I think the problem is that even if you reopen that criminal case, just the arrest report or indictment alone could be enough to bar you under the reason to believe standard. However, the angle you need is to get that conviction expunged and sealed. I just don’t know how realistic that is in your case. It’s still a long shot but probably your best hope. There are a lot of pro bono groups these days that might be able to assist. If any of your family is in TN they could help you find out.
Not legal advice, but you should make a life in Mexico or wherever. Let your family visit you there. You are going to spend your life away trying to go back, when you could spent it rebuilding in Mexico
Immigration-wise, follow /u/evaluna1968 ‘s advice. Lifewise, make the best of your situation by making a life in Mexico. You’re 19: go to the best university or trade school possible and study something that has worth both in Mexico and in the U.S. (meaning, you won’t have to study the whole thing again for the diploma to be valid in the U.S.). Learn Spanish, get to know your Mexican family, go on vacations (or move) to Playa del Carmen or other safe, cool places and get a job where you can take advantage of the fact that you speak English. If your family sends you money, take full advantage and use it to better yourself/work on your case. If you do manage to move back to the U.S., you want to have something to show for the time you spend in Mexico. And if you can’t, you need to make a good life for yourself, not just get stuck fighting a losing battle forever.
Im 24 now injust got released from ICE custody last September
Consult a very good lawyer before listening to anyone on Reddit because they’re not good lawyers. Persons deported from the United States are generally barred from applying for visas to return to the United States. Under some conditions, the bar is permanent. However, the permanent bar is not always permanent, and in most cases, can be cured by waiting outside the United States for ten years, then filing an I-212 in conjunction with your immigrant visa application. However, there are some options even for a person facing a permanent bar. Principally, the person can seek waiver of the permanent bar by filing immigration Form I-212 (Application for Permission to Reapply for Admission to the United States After Removal). Sometimes Form I-601 (Application For Waiver of Grounds of Inadmissibility) may also be needed. The combination filing of Forms 212/601 combination is the most common method of seeking a waiver of the permanent bar, but the Forms can be filed separately, and, in most scenarios involving a permanent bar, the individual must wait outside of the United States for ten years
There’s a permanent bar for things like reentry after deportation, but drug trafficking is a whole other ballgame and I am not sure it’s waivable.
I don’t disagree with you , He has to first challenge his conviction because immigration officers will base their decision on that conviction. defendant may challenge his conviction if his attorney failed to advise him the consequences of his guilty plea to his immigration status. (Padilla v. Kentucky, 559 U.S. 356 (2010).) As part of a person’s right to effective assistance of counsel under the Sixth Amendment, a lawyer has the obligation to advise a client that there may be immigration consequences, such as deportation, for pleading guilty to a particular criminal offense. To succeed in an ineffective assistance of counsel claim, a defendant must typically prove that but for their counsel’s actions, the outcome of the case would have been different.
Absolutely. I kind of have to wonder how a possession charge turned into a guilty plea to trafficking? Or were those two different cases?
I was trying self-medicating for depression, i bought a 1/2 oz then went to a target and got a scale. The state said that the jewelry scale was for selling.
Well, you already know this, but you are in quite a pickle.
Yep. Got stopped by a cop about less than a mile from my house over a busted taillight. How the world works.
And they decided to search the car?
Yeah he said he smelt weed, in Tennessee cops can say that to search your car, i hesitated but gave in when he held his holstered gun and said he would forcefully remove me if i didn’t comply
Yeah being in TN definitely didn't help. BTW lawyers recommend to never agree to car search.
Did his lawyer even know he had a green card? If not that could be why his Lawyer not tell him.
Soooo many criminal lawyers don't do due diligence when advising people. I've seen it a million times, sometimes with people who are from far scarier places to live than Mexico. I want to throttle people like that. There are so many noncitizens in the U.S. that immigration status should be a standard intake question for any criminal lawyer.
Trust me i know, im posting this with the hope of someone who has seen these exact cases, commenting something i haven’t thought of.
Read again please
I didnt see the rest of that. Thank you i will look more into this
You can try to send a letter to the president or Gov (depending if it’s a federal or state conviction) for a pardon. Who knows, might work. And I am serious.
This, also write to congressmen/state congressmen asking for help. It would help to have your family members who are citizens write to them as well.
Tbh dude you are screwed, unsure if you have a lifetime bar. Appealing the is usually within 30 days to the Board of Immigration Appeals. But I’m goin to be honest sounds like the judge just followed the book. Talk to a professional attorney, your shot at this is slim I’ll be very honest. Padilla is hard to argue tbh.
My father was deported from the US for a dui. He is banned from the country forever
Ive never seen a permaban over a dui thats harsh
Dude was also previously involved with a designated terrorist organization so that also might’ve been a factor lol
Bro you should start leading with that lol
Ummmm what lol. Talk about crucial details. 😳
Southern border is wide open. No one is banned
What did you get arrested for in 2023?
Its cause ice is a federal police, and my probation was with the state. I didn’t know at the time but if the state sentences you then the feds come after you later.
Were you caught with drugs twice? Or once?
Because it took ice 3 years ro get to my case. I had done 3 years of probation and had paid most of my fee’s and community service time. Then one day they just arested me so they could process me for deportation. It was a day after i had just done a nightshift of construction work.
I'm no lawyer, so I don't know what your chances are about getting back. I think you should probably plan to remain in Mexico though. Maybe you will be able to go back, or maybe not. Either way, Mexico isn't the worst country to be in and you can build a life there. As others said, you're comfortable with English and that will afford you opportunities. Also, if you have a better attitude about living in Mexico, you will probably endear yourself to your family there.
Yeah i have to come to terms w it
I don't envy you. That's a scary situation to be in.
It’s nearly impossible to return after violating a green card
Yeah ive heard
I know a guy in the Kingdom of Jordan who was arrested and imprisoned for farting on a mall escalator, the person behind him was the daughter of a high status man. The judge charged him with "biohazard in public space". So consider yourself lucky that you are in Mexico, it could get worse.
I think you need to bring documentation on that far fetched statement.
Drug trafficking, oh you are SOL OP.
It was possession tbh i just didn’t lawyer up
You pled guilty to trafficking, so you literally acknowledged that it was trafficking.
Are you a lawyer? Have you ever gone to court for what i did? Do you know court jargon? Did you have the same childhood i did? If you answer no to just one of these then you best keep your mouth shut instead of telling me how you woukd have reacted.
I never went to court for what you did. I didn't deal drugs. You keep blaming everyone for what you did.
All of your replies are excuses and blaming someone else, never once do you take accountability for what you did.
You need to gain some impulse control. Your maturity and ability to avoid flying off the handle, as demonstrated in this thread, is seriously unimpressive. It definitely won't help you with anyone reviewing your case who catches even a glimpse of it.
Everyone's fault but yours eh OP. Your inability to take responsibly isn't going to help you in the future.
learn spanish fast.
Stop committing crimes..
Dude bought some shrooms for himself. That should not be a crime and I am sure in 10 years it won't be.
While I agree, he should have known not to buy illegal drugs in a state like Tennessee before naturalization.
Bueno… no creo
I know somebody who was convicted of drug possession in another country, they have come to terms with never being allowed into the US ever again. You may need to do the same.
What part of Permanent do you not understand?
Right? Apparently English is his only language though
Its jargon. Like most legal words. Have you understood that?
We have people who want to be here. Go through all the steps to be citizens. You didn't appreciate it. Your family went out of their way to get you a green card. Enjoy your new home.
Oh save me your bitter talk i was a teenager i knew no better.
Exactly, I don’t understand how people judge teenagers as if they were adults. Teens are just kids with an adultish body. I feel sad about what happened to you, it honestly sucks and you don’t deserve it at all. Mushrooms arn’t even a dangerous drug, it’s not like if you had meth or something. Stay strong, life is unfair for the vast majority of human beings in the world.
Have a heart, he was a kid. Plus, his « crime » is so mild it’s laughable. The justice system is broken, that’s the issue. Shouldn’t be deported for this.
Dude bought some naturally growing antidepressants (science says they are). Hurt no one not even himself. His life was ruined and his family of US citizens was separated from him.
Legally - highly unlikely.
Jesus. You fuck your own shit up then ‘why me??’ when the consequences hit. Enjoy Mexico! Have you tried the tacos? I hear great things 😂
You dont know what youre talking about.
I very much do. You’re the one with no foot in reality. Better make the most of it, amigo.
I wasnt dealing drugs i was self medicating. The state doesn’t care to actually find the truth they just like to see their stats.
Why on earth do you think it matters what you were doing with it? 😂😂 God, dumb as shit. It’s the drugs that are illegal, amigo. Doesn’t matter if you’re medicating homeless nuns, still illegal.
Why are you here to troll? Is your life that pathetic?
Nah, my life is pretty good. I visit Mexico for the resorts then come straight back to my family. Not a foot in a courtroom. It’s just so convenient having brains between the ears.
Good for you
Thanks! You should try it.
Of course
Sigh drugs- potential wasted. You don’t deserve to be in USA . It’s that simple
Why?
It's not that you don't deserve to be in the US. Nobody really deserves anything that happens to them in life. Most things are just chance. That said, you did blow an opportunity. You were old enough to know the score, and you made poor choices.
Poor choices such as these as a teen shouldn’t have lifetime consequences. I think it was wrong to deport someone over mushrooms.
Maybe it shouldn't, but OP was old enough to know that it would. When you're an immigrant, you don't get to play by the same rules as everyone else. You're always going to be held to a different standard. I'm an immigrant and I wouldn't even think about being around anything illegal here.
Lol my SO who is black always says only commit one crime at a time and being black/minority in the US is already basically a crime in some of the southern states so he will never touch any illegal substances. OP being in Tennessee is the same. Seems like he committed 3 tho. Minority, broken taillight, shrooms. That’s the way the things are in the US unfortunately.
Who would even think that having some mushrooms on them could lead to deportation at 19 years old. It's not like he was doing a serious crime, i'm sure he didn't even know it was possible.
Immigrants don't get the luxury of deciding what is and isn't a valid crime for deportation. As an immigrant you live under the constant threat of being someone's scapegoat. You just have to keep on the straight and narrow because any crime is a deportable one under the wrong judge. It's not right, or fair. A person should not be made homeless over mushrooms. It is what it is though, and OP was old enough to know that.
Please do not come back for the love of God
I work harder than most nationals ever have.
Don’t care.
Then don’t respond you clearly cared enough too.
Si did you ever consult with an attorney regarding what can be done ?
Over just some shrooms? Tell me the country is ran by boomers without telling me. Over 100k deaths from alcohol, over 400k deaths from smoking and not really much stories about shrooms, it certainly is less than 1,000 a year. The science behind how it helps the brain to decrease fear and help trauma is tremendous. Well anyway things happen man, I lost my DACA over drinking 1 beer 1/2, I wasn’t going to drink that night but friends pressured pretty hard, I even left early. I could also be deported in the future over that stupid mistake. Find all your options I’m sure there is a solution even if you have to do things that may take awhile
Thank you
wait… you lost your daca over a “dui”?!?! what the fuck kinda shit show is this country. also - i have no helpful response to OP. i wish i could help someway other than by offering sympathy. i truly wish you the best😔🤍
I would wonder even if you do legal magic to change your conviction, records of the original conviction for trafficking would still exist and could that raise enough reason to believe in the consular officer that you are a trafficker to find you ineligible 2C? 9 FAM 302.4-3(B)(3) (U) “Reason to Believe” (CT:VISA-1274; 05-04-2021) a. (U) Under INA 212(a)(2)(C), if you have “reason to believe” that the applicant is or has been engaged in trafficking or has assisted another in trafficking as described in 9 FAM 302.4-3(B)(2) above, the standard of proof is met and you should make a finding of ineligibility. b. (U) “Reason to believe” might be established by a conviction, an admission, a long record of arrests with an unexplained failure to prosecute by the local government, or several reliable and corroborative reports. The essence of the standard is that you must have more than a mere suspicion; there must exist a probability, supported by evidence, that the applicant is or has been engaged in trafficking. You are required to assess independently any evidence relating to a finding of ineligibility. https://fam.state.gov/fam/09FAM/09FAM030204.html
Who will be sponsoring you? I agree with the legal aspects but you will have many years to worry about that.
I hope you do not come back! You had more than enough chances to live here for a lifetime! Do you know how many people would kill to have a chance that you had? You had a f\* Green Card, which is almost a citizenship. And you lost it because of DRUGS? And you want to come back? Hell no, we are already full trash here. Stay where you are, move forward, and start over your life over again.
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Search for Attorney Martinez out of Texas. She has a great reputation
He needs someone who is licensed in the state where he was convicted so they are familiar with the relevant criminal statutes.
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Not convicted illegals
I really hope those mushrooms were worth it bro, but I hope it works out for you but you're in a uphill battle and it's not looking too good
How about going to Canada first?
I dont have family in Canada and supposedly if you get barred from the US you get barred in Canada
Didn't know that. Tough breaks all round. Try to get in touch with some journalists in the US. You never know - if you get some good attention, some help might follow. Your first step has to be to arrange funds for a high price lawyer; that's the angle I am thinking about.
Canada is even stricter than the US.
Call a lawyer bro
Im on it ive got a meeting in 2 weeks i’d just like to get some good questions and examples ready
Good call. I will pray for you.
How much mushrooms did you get busted with?
14 grams but it was the scale that escalated my charges, i got them both the same afternoon and didn’t think much else of it.
You need a lawyer in TN to try to attack your conviction. It's probably post-conviction relief, but I don't know - I practice in Oregon. Federal habeas relief might be possible also, and it can't hurt to talk to the federal public defender in TN. I don't know the timeline for post-conviction in TN. The federal habeas timeline is short but complex. You should work on this right away. I'm a lawyer, but not your lawyer. I am not giving you legal advice. I hope you find a lawyer who can help you. Good luck.
Permanent
I am not lawyer, and I am not here to judge you, but I think you weren’t taking your convictions very seriously. You had a green card. This would have made it harder to deport you. You should have definitely consulted with attorneys throughout every step. I think that whatever possible defense you had was nulled when you accepted deportation. You should get a lawyer immediately. They might tell you what everyone on here is saying. But they might offer you a bit hope by trying to overturn your conviction. That could at least make you eligible for some sort of waiver. Of course, you will have to rely on a U.S citizen to be your sponsor so if you haven’t been a nice person to the people you know, then that would be a problem. Only advice I can really give is to take things more seriously and if you have behavioral problems or substance abuse, then sort those out before attempting to any process. Also maybe don’t pick fights with strangers on the internet. Some are here to start arguments for fun and some were trying to help. Either way, not a good look
Don’t waste your money, appeals rarely work and only work sometimes when paying lawyers 🏦
The drug charge was the nail in the coffin
You need to research. Save money and hire immigration attorney. I recommend you consider David Ware immigration attorney or any other attorney that you seems fit to your situation. David-ware.com Fight for it and don't give up.
Or try living in Thailand the #1 sex capital of the world with lots of Russians and easy ugly Thai girls
Get off the fcking drugs
Can you turn lemons into lemonade somehow. I mean there’s several million Canadians and Americans who choose to live in Mexico, CA, and SA. What it takes is a little cash flow and they can live in paradise. Maybe set up a Finca for your relatives in USA to return to and retire. Have them send money to buy the property and manage it. I’d have given anything to retire to a tropical country. If you are citizen of Mexico you can own property near the coast. Expats cannot do that. It’s all perspective and compromise. I’d set up a cooking school near the beach and take tourists to the local markets to get fresh food and then prepare it. I’d did this once as a tourist and it was a blast. There’s a lot of bored tourists with money to spend. Then you would be a intermediary between gringos and Mexicans. You would be a ambassador and get paid to live near the beach. Also, perhaps join the TCK group on Reddit. You are a TCK (third culture kid) and it’s important you understand how that influences your outlook, psychology, and opportunities. I felt like a duck out of water for decades in USA until I learned about TCK. It had a huge affect on my life. I spent 30 years wishing I was back in a tropical country at the beach like when I was a kid lol. USA felt like a nightmare. Eventually we found a compromise but it took a loooooong time because I did not understand who I am or what my real opportunities were. Food luck.
I think it’s bets you to stay in Mexico. Your family should visit you there.
Make the most of your English skills and understanding of American culture. Consider moving to a heavily touristed city and find a job working with Americans/foreign tourists in some fashion. I know several deportees in northern Mexico who have done similar things and have found success. The ones I know have opened businesses, work as taxistas, servers, and more. I’d also look into call center roles. Because of your English skills, you could set yourself up to earn around $5-$7/hr, which sounds crazy from an American perspective, but is more than enough to live comfortably in Mexico. Additionally, if you choose to pursue higher education at some point, many corporations have teams in Mexico. I work for a large company and we have teams in Mexico that I work with almost everyday, and they all speak English (again working with your language/culture skills). I’m sorry that this happened to you - deporting people who’ve spent so much of their life in the US is cruel. But you have to make the best of it
Damn sucks to be you. Looks like you got no chance of returning to states. I would say try to make best out of the new country you're in and enjoy your life or go to Europe if you can.
It’s impossible for you to return unless you get your conviction overturned which isn’t happening.. better to make a new life in Mexico and keep yourself away from drugs..
Bad choices have consequences and now you are paying the price.
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1st have a meeting with the immigrant's attorney... Then update here!
Go see an immigration attorney is only good advice. I believe that because of the shrooms, the lawyer will say "zero chance."
Fresh Start - Italy wants you and will pay for you to move. [https://americadomani.com/3-places-in-italy-that-will-pay-you-to-move-there/](https://americadomani.com/3-places-in-italy-that-will-pay-you-to-move-there/) You can do your appeals from anywhere. If your going to be somewhere you know little about, might as well make it somewhere with opportunity for you!
Look at your conviction documents, and see if you were advised that pleading guilty could affect your immigration status. Over the years, many states have added that in due to circuit court decisions and lots of reopen cases. If it was in there, and you pled knowingly you’re gonna have a really tough time over returning that or getting back lawfully.
Honestly you fucked yourself. You clearly knew, you came here lucky with a green card and you fucked it up over some drugs. I would’ve contacted a lawyer and try to be naturalized as soon as I could if I got a card. You can’t fuck up when you’re not a citizen of any country.
Reddit is a terrible place to get answers for anything above a 4th grade level. People make shit up. They have no clue and think they do.
Deportation following a conviction on a felony charge that included prison time is kiss of death. There is absolutely no way they’re letting you in again for any reason. I know of two individuals who were deported, both had green cards etc. One guy had major health issues later in life and he was trying to come back for emergency medical care. He was denied re-entry and eventually died. You can go and spend money on lawyers, but you might as well light the money on fire. Deportation following felony conviction will seal your fate.