Regarding deportation, can probation be put in suspended status until return to the US is permitted? 2 Answers as of December 28, 2010

I was deported, though not for trying to enter the US. I need probation for a felony bench warrant cleared/ suspended before my return to the US is allowed. If probation cannot be removed- is there suspended state for probation to allow travel from another country? The felony is from 10 years ago, drugs were found in my car. It was not a moral turpitude crime. The probation officer will be called. Suggestions on probation suspension or clearing probation? What would probation suspension be called? What would u tell your father, mother, sister to do in this situation beyond call lawyer/get pardon? What legal terms should I be using? Can probation stay on my record even though I am removed from US? Am I missing anything obvious? What should I be asking? If difference between having good life and living in complete hell depended on clearing this what would you do if it were you?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am not sure there can be anything done for you. First, your felony drug conviction is an aggravated felony, and a drug conviction is not waivable unless it involves simple possession of less than 30 mg. of marijuana. Otherwise, you are barred for anywhere of 10, 20 years, or permanently. Your probation, which disqualifies you if for more than a year, does not get suspended through deportation. In failing to comply with its terms, you may be subject to an adjustment of sentence, which will bar you from ever applying for an immigration benefit. Your future appears to be in the country where you were taken.
Answer Applies to: California
Replied: 12/28/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You need to fight Deportation. The US Supreme Court just issued an opinion about deportation.

If you have two aggravated felonies than they will deport you.

You may request probation for the felony but you should have a place to live and a job. But the deportation and the felony are two separate legal problems.
Answer Applies to: Tennessee
Replied: 12/8/2010
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