I am a U.S. Citizen looking for some honest advice on if it’s even possible to bring my mom back to live with me. I know this is an incredibly difficult situation, but she is getting older and I want to know if there is any legal path at all.
The Facts:
• The Case: My mother was arrested in 1999 in Louisiana.
• The Charge: Possession with intent to distribute cocaine (approx. 19kg involved). This was classified as an Aggravated Felony.
• The Conviction: She pleaded guilty in 2001 and was sentenced to 10 years at hard labor (with 5 years without parole).
• The Deportation: She was deported to the Dominican Republic about 22 years ago.
• Current Status: She has remained in the DR since then and has a clean record there. I am a US Citizen over 21.
My Questions:
Since it has been 22 years, is the "20-year bar" for aggravated felonies actually a lifetime ban, or does the 20-year mark change anything?
Is it true that for a drug trafficking charge of this size, there is no I-601 waiver available to U.S. citizen children?
Is "Post-Conviction Relief" in Louisiana the only way to fix this? Has anyone ever successfully vacated a 25-year-old conviction for immigration purposes?
Given the amount of drugs (19kg), is this generally considered a lost cause by attorneys, or is there a specific type of specialist I should talk to?
I’m looking for realistic answers. If the door is 100% closed, please let me know so I can stop planning for a "maybe" and focus on supporting her where she is.