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Immigration Issues Complicate a Drug Possession Charge


The defendant in this case is 39 and a citizen of Italy. He is currently living in Florida. The United States Immigration and Naturalization Service has moved to have him deported to Italy on the ground that he has overstayed his six month visa that was granted to him when he entered the United States and that he has been convicted of possession of marijuana. A New York Criminal Lawyer said the defendant has applied for readjustment. The Immigration Court denied the application for readjustment and upheld the ground for deportation.

Case Background

The defendant left Italy in 1956 and lived in Scotland for a while and then in the Bahamas. He was arrested for marijuana possession while living in the Bahamas. He paid a fine of $600 instead of serving the 120 sentence.

The defendant then left the Bahamas and went back to Italy with his wife and child. They then relocated to the United States. Upon entering the United States the defendant was given a visa that allowed him a six month stay.

Case Discussion and Decision

Aside from the marijuana conviction while in the Bahamas, the defendant has now overstayed his six month time frame and is deportable on that issue alone. A Westchester County Criminal Lawyer said the court reviewed all of the contentions made by the defendant and still feels that the board was correct when they found the petitioner excludable and is therefore not eligible for adjustment. The previous decision from the court is affirmed.

If you need to speak with a lawyer, whether you have been charged with drug posession, theft or sex crimes, in the New York City area, contact Stephen Bilkis & Associates. We have offices conveniently located all around the city. You may call at any time to set up an appointment for a free consultation with one of our experienced lawyers.

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