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Opinion

The consequences of a drug conviction

US IMMIGRATION NOTES - Atty Marco F.G. Tomakin - The Freeman

Loida, a naturalized US citizen, returned to Cebu for a high school reunion. During their weeklong activities, she met her former classmates and enjoyed reminiscing the memories of their innocent years. In one of their gatherings, she met her ex-boyfriend Ramil whom she learned has been widowed for quite some time. Loida, a single mom, didn’t notice at first the instant reconnection she felt with Ramil. They agreed to go on a date after reunion day to catch up and talk more about their lives. One date led to a few more intimate meetings until such time they both felt a rekindling of their love for one another.

Loida came back to the United States convinced that she was so in love with Ramil. They continued to nurture their long-distance relationship through phone calls and social media chats. Loida vowed that she would do whatever she can to have a life with Ramil knowing that they are already in their fifties. She resolved that the best way to do that is to file a fiancé visa petition for Ramil. She explained her plans to Ramil who was initially apprehensive about it. He told Loida that while he also wants to live with her, there are still some things in his life that Loida must know. He feels that these “things” could affect their future plans so it is better for him to tell her about it.

Ramil confessed to Loida that at some point, he was convicted of illegal possession of shabu. He said that this happened when he was driving a taxi for a living. He said that the packet of shabu found in the passenger’s seat was not his and that a passenger could have dropped it when he alighted from the cab. He claimed that his conviction was based upon his guilty plea as advised by his own attorney.

Ramil maintained that he was innocent but that his lawyer told him that there was a high probability that he would be convicted. His best option is to “admit” that he possessed the shabu and because of this admission, he will only be sentenced to probation. He did what his lawyer told him --entered a plea of guilty and started serving his probation. He had been reporting to a probation officer every month for more than a year now. With Ramil’a disclosure, Loida is now worried and restless as to how this new information could affect their plans.

Well, Loida has every reason to be concerned. A conviction for a drug-related offense is a major ground for denial of entry into the US. Keep in mind that there are consequences of a plea of guilty and resulting conviction, even though how light the sentence is. There are serious immigration consequences of a drug conviction. Make sure that you know what the implications of a guilty plea are before you accept such an offer. Talk to your lawyer about your plea, make sure you understand what you are signing and what the consequences are. As in this case, Loida’s plans of petitioning Ramil is in clear jeopardy.

So for all of you out there, make sure that you know what you are signing especially in drug charges. The consequences when it comes to immigration are very huge.

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