I am writing in regards to my partner. He is a canadian citizen. This is his story. It happened in Los Angeles, CA, in 2001 at age 22 or 23:
after graduating from the full four years at harvard on his student visa, he
was working on the 1-year practical training visa he was eligible for when he was arrested for for transportation and possession with intent to distribute
mdma and mushrooms (four felonies total). in return for pleading to the two
transportation charges the possession charges were dismissed and he received 3 years probation, the first 6 months of which were to be served in county jail. he was transferred from incarceration to house-arrest by the county jail and released from house-arrest after about 4 months due to good behaviour. The company administering his house arrest appears to have not contacted the INS when he was released. after completing his court-ordered drug rehab program (6 months) and having served half his probation (1.5 years) he was also released from probation early for good behaviour. at that time the judge reversed his plea, entered a plea of not guilty and dismissed the charges. He was never contacted by the INS at any point and eventually went back to Canada. He was not removed or voluntarily sent back. He just bought a plane ticket.
I've read online that the laws regarding expunged records changed in 1996 and they can be used against him if he attempts to apply for anything with the INS. We've heard rumblings of some sort of "special INS exemption", but neither of us can find anything conrete about that. Other than that, we've heard that our only other option is a California Governers Pardon which seems rather difficult to obtain (although I dont even know how to go about it).
Long story short: What are our options here? Is there anything we can do and what are our chances of having rulings in our favor?
I deeply appreciate any advice you can give.
after graduating from the full four years at harvard on his student visa, he
was working on the 1-year practical training visa he was eligible for when he was arrested for for transportation and possession with intent to distribute
mdma and mushrooms (four felonies total). in return for pleading to the two
transportation charges the possession charges were dismissed and he received 3 years probation, the first 6 months of which were to be served in county jail. he was transferred from incarceration to house-arrest by the county jail and released from house-arrest after about 4 months due to good behaviour. The company administering his house arrest appears to have not contacted the INS when he was released. after completing his court-ordered drug rehab program (6 months) and having served half his probation (1.5 years) he was also released from probation early for good behaviour. at that time the judge reversed his plea, entered a plea of not guilty and dismissed the charges. He was never contacted by the INS at any point and eventually went back to Canada. He was not removed or voluntarily sent back. He just bought a plane ticket.
I've read online that the laws regarding expunged records changed in 1996 and they can be used against him if he attempts to apply for anything with the INS. We've heard rumblings of some sort of "special INS exemption", but neither of us can find anything conrete about that. Other than that, we've heard that our only other option is a California Governers Pardon which seems rather difficult to obtain (although I dont even know how to go about it).
Long story short: What are our options here? Is there anything we can do and what are our chances of having rulings in our favor?
I deeply appreciate any advice you can give.
