Oh, no. My roommate, ze tempermental French chef, is in danger of being deported. What heinous crime could bring this drastic measure on? Murder? Rape? Grand Larceny? No- he was SPEEDING. Caught going 93 in a 65 mph zone in Virginia (naturally, he had out-of-state plates), considered a first degree misdemeanor. What can he do? Please, hold the French jokes. Really, nobody appreciates the French jokes more than I, but ze chef had nothing to do with the recent Yahoo decision.
Well, you could marry him off, perhaps.
Or, you could try to find a seriously good lawyer and try to bargain the charges down somewhat. It’s not outside of the realm of possibility, even in Virginia, that a prosecutor might be willing to compromise with, say, an improper driving ticket instead of a deportable offense. It’ll cost your friend, though. And I’m not sure what criminal status an improper driving might carry.
Bottom line: your pal is going to need a Virginia lawyer–a good one.
On the bright side, your pal probably has the skills to hold a bake sale in order to pay for such a lawyer.
See? That was a chef joke, not a French joke.
Well, let’s see.
It’s true that in Virginia, Va. Code § 46.2-862 provides:
It would seem he’s in trouble under both (iii) and (iv).
And it’s true, also, that Va. Code § 46.2-868 provides:
In Virginia, the penalty for a Class 1 misdemeanor is up to one year in jail, and a fine not to exceed $2,500.
Where I’m a little confused is how this prejudices his residency. I admit to being no expert whatsoever in immigration law, but I seem to recall the only types of offenses which ran to immigration status were crimes of moral turpitude, controlled substance violations, multiple criminal convictions for which the aggregate sentences exceed 5 years, terrorist activities, and… some other things relating to government security.
So - what’s the purported basis for the deportation?
- Rick
Actually, ze chef says that immigration laws have been tightened in recent years to guard against sham marriages- so that marriage is no guaruntee of citizenship or even residency. Yeah, though, it would be a heck of a bake sale.
Bricker, it seems we have an old case here- two years ago, as an 18-year-old high school senior, ze chef pleaded guilty to possession of 2 grams of marijuana. This is off of his criminal record because of ARD, but INS put him on a 5 year probationary period. He was denied citizenship, and told him that if he displayed ‘bad moral character’ during these 5 years, he could be deported. He does not know all the laws himself, so this is the best way he can explain this. Any way to get out of this?
Frankly, if the charges are true – and they seem to be because you’re not claiming that Frenchy was framed – I, for one, won’t be sorry to see his pot-smoking, speeding ass get shipped back to France.
I bet he loves it here in the good ol’ U.S. of A, right? But not enough to respect our laws?
Let the French waste their tax money and legal system on him, and we’ll open up a spot for someone who wants to stay here bad enough to actually obey the law.
Thanks for the fries and the big green statue, but Frenchy, we’re better off without you. S’long.
I wonder how fast he drove in france?..
You can: a. get an immigration lawyer b.ask in the newsgroups [try searching for one with the word ‘visa’]
What does his driving here have to do with deportation? It would have to be a felony.
Actually, he will be pleading innocent at his trial in November. His story is that a car was passing him at the time that he was clocked. His brother and cousins were in the car, verify this, and could serve as witnesses- if they weren’t back in France. I wonder if the court would accept some kind of notorized document as their testimony? Otherwise, it is just his statement against the cop’s.
Whether or not one should be deported for a marijuana offence may be a topic for GD. Understand that he has been in this country from the ages of 5 to 10, and 14 to present. His mother is a naturalized citizen, one brother is a citizen by birth.
Now things begin to make more sense. Presumably the INS had cause, with his guilty plea to the marijuana offense, to begin deportation proceedings. But apparently they chose to offer him some sort of five-year probationary period, and they are permitted to impose probationary conditions more onerous than the general immigration law. So, for example, if his “probation” included a condition that he commit no crimes, then an offense like this speeding doesn’t have to be a felony to trip the probation violation wire.
Certainly it’s to his advantage to fight the speeding charge. The statements from the brothers and cousins would probably not be admissible, as they are classic hearsay - out of court statements, offered for the proof of the matter asserted.
I can’t work up much moral outrage against the INS in this situation, however. People in this country have no right to either drive recklessly or possess marijuana. He has no room to complain of being treated unfairly here.
- Rick