Drug trafficking conviction (Split thread)

[Yesmina Jamaria 1]

Hello my husband's situation is very similar and he was charged and convicted of drug trafficking on a 2009 charge. No substance was found by the carabinieri. He was only charged based on testimony from a guy who was found positive for heroin with a history of dealing who was on probation and was found with syringes with a friend. The carabinieri at the search told him to take it easy because they had found nothing the report signed was for suspicion of heroin possession but with negative results. The lawyer did not inform my husband of the date of the first hearing and always made my husband believe that he was acquitted. Due to the fact that the judge giving the benefit of filing for private criminal record my husband always saw his record as clean. Evidence of the witness's criminal record was not brought by the lawyer at the trial the quele never even mentioned immigration consequences (we are talking about a non-U.S. criminal conviction).

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I have never come across a waiver been approved for a Drug Trafficker.

[Yesmina Jamaria 1]

It is under the category of trafficking (I think but I can wrong) but effectively the sentence is give away a small quantity of controlate substance without remuneration

Edited July 28 by Yesmina Jamaria

[Yesmina Jamaria 1]

For the European court, the ruling would probably have been seen as unconstitutional. And with the new 2022 justice reform, the offense been definable only would the probation period have failed.For the European court, the ruling would probably have been seen as unconstitutional. And under the new 2022 justice reform, the offense would have been definitional only would the probation period have failed.

Edited July 28 by Yesmina Jamaria

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2 hours ago, Yesmina Jamaria said:

It is under the category of trafficking (I think but I can wrong) but effectively the sentence is give away a small quantity of controlate substance without remuneration

I would imagine your LAwyer would be wanting to reopen the cases and get it reclassified, have you appointed a Lawyer?

[Yesmina Jamaria 1]

The case is not an American case it is not easy to reopen the case in Italy(there are people who did 33 years in jail as innocent, fortunately it is not the case of my husband because he did not do a day in jail) . Do you know anyone or any similar cases. Like immigration appeals won or any high thing can help us in this situation.

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51 minutes ago, Yesmina Jamaria said:

The case is not an American case it is not easy to reopen the case in Italy(there are people who did 33 years in jail as innocent, fortunately it is not the case of my husband because he did not do a day in jail) . Do you know anyone or any similar cases. Like immigration appeals won or any high thing can help us in this situation.

 

i have not

 

Where are you in the process?

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Above post and reply were split off from someone else’s thread.

 

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[Yesmina Jamaria 1]

Refusal form the USCIS Offices