Freeport, FL Immigration Law Firms & Lawyers

Your husband may have a chance if he can vacate the sentence on the drug charges in criminal court. This needs be done quickly as the immigration case will not wait. For immigration purposes, any charge of drugs more than "possession under 20 grams" has no waiver. Meaning, under immigration laws he would have no chance. His best bet is to try to fix his record through the criminal court. It is recommended you hire an experienced attorney to handle this matter. This is not a simple case and may have other complications. The above is only general information and shall not be construed as legal advice. It is always recommend you consult with an attorney to review all the details of your case.

As the crime with which you are being charged is a misdemeanor in which the maximum jail time is one year, and this is not the type of offense which can be construed to be an aggravated felony if you are sentenced to one year, you are not deportable if convicted. I further note that the offense of indecent exposure is generally not regarded as a crime involving moral turpitude. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

If you were living and working for an employer other than the one that petitioned you, then you fell out of status.  This seems like an undetermined as yet, violation of the terms of your H2b without more information, since you could have departed with the help of your nation's Embassy, or family/friends, perhaps.   However, USCIS is unaware at this point, so you did not accrue any unlawful presence.  What you seem to have done is to have worked for another employer, which may create concerns that you violated the terms of your H2b visa by working for another entity.  If you are found to misrepresent the truth, then you can be indefinitely banned from lawful immigration.  Each embassy and consular official has discretion to make an unappealable decision.  An attorney may be able to suggest a plan of action that is less likely to create long term problems, where returning to the U.S. is a priority for you.