my boyfriend has committed a felony..he is only a resident here...they have told him that most likely he Will be deported...how can i help him?? if i marry him, will that prevent from deporting him?? Can he apply for something?? Please what is there to do in this extreme case???
You have to tell us what kind of crime he is convicted of. If his crime falls under what USCIS describes as "crime of moral terpitude," then nothing (including marriage) can save him. More information is needed.
Originally posted by monika23: my boyfriend has committed a felony..he is only a resident here...they have told him that most likely he Will be deported...how can i help him?? if i marry him, will that prevent from deporting him?? Can he apply for something?? Please what is there to do in this extreme case???
I am assuming your boyfriend has already been convicted of the crime. If not, it is just an allegation and has no bearing. Depending on the crime will depend on the likelihood of him being deported. If he is deported, you could file a waiver, I-601 to see if he could be allowed back in. Get a very good defense and immigration lawyer.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by SonofMichael: I hate these women who seek out and marry known felons to help them, then get the beaten they deserve and then complain that there are no nice guys
Considering you are a criminal yourslf, you should know, should you, ***.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by monika23: my boyfriend has committed a felony..he is only a resident here...they have told him that most likely he Will be deported...how can i help him?? if i marry him, will that prevent from deporting him?? Can he apply for something?? Please what is there to do in this extreme case???
I am assuming your boyfriend has already been convicted of the crime. If not, it is just an allegation and has no bearing. Depending on the crime will depend on the likelihood of him being deported. If he is deported, you could file a waiver, I-601 to see if he could be allowed back in. Get a very good defense and immigration lawyer.
Another fool looking to help a felon. Yea i said it, fool. Hopefully your boyfriend gets deported, but of course you will get a dirtbag lawyer to have him stay. This is one of those annoying posts.
and why should anyone with an IQ over 80 (which eliminates the OP and tinydiktimmy) give two $hit$ about some dirtbag felon who cannot respect the laws of the nation that gave this $hithead a green card? Eff him.
Originally posted by Theone: Waivers are not available to felons.
I beg to differ. If the bf was convicted of a crime that falls within the scope of Title 8, section 1101(a)(43) and it is considered a "petty offense" the person could be eligible for a waiver based on that grounds.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
The OP will have to tell those trying to help her about the immigration status of the guy and the crime of conviction. Any person trying to give any remotely valid guidance will have to consider those two factors. Since she appears to be dealing with courts and proceedings, she should try and seek legal advice from someone with a good reputation in both criminal and immigration law.
Live for today and forget about tomorrow, life of a rodeo man...
Originally posted by Theone: Waivers are not available to felons.
I beg to differ. If the bf was convicted of a crime that falls within the scope of Title 8, section 1101(a)(43) and it is considered a "petty offense" the person could be eligible for a waiver based on that grounds.
The OP said it was a felony - definition of felony is serious crime, Hudson. Why are you trying to give false hope to this poster. Whoops, I forgot! That's what bleeding heart liberals do.
Originally posted by Theone: Waivers are not available to felons.
I beg to differ. If the bf was convicted of a crime that falls within the scope of Title 8, section 1101(a)(43) and it is considered a "petty offense" the person could be eligible for a waiver based on that grounds.
The OP said it was a felony - definition of felony is serious crime, Hudson. Why are you trying to give false hope to this poster. Whoops, I forgot! That's what bleeding heart liberals do.
In immigration law, some felonies are considered misdemeanors and some misdemeanors are considered felonies. In other words, it does not always hold true.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
While a person who is applying for a visa or for entry to the U.S. or Adjustment of Status to Permanent Resident (I-485) may be able to avoid severe consequences if all the requirements are met for an exception, one who is in removal (formerly known as deportation) proceedings has a much bigger problem. If a person is convicted of a crime of moral turpitude committed within five years of entering the U.S., s/he could face removal even if the crime was shoplifting or "petty theft."
For one in removal proceedings there is no exception for so-called petty offenses. If this person has a spouse, parent, or child who is a U.S. citizen or permanent resident, it may be possible to apply for a discretionary waiver, but such waivers are very difficult to obtain and require a showing of "extreme hardship" to that relative.
Furthermore, under the immigration law, it is possible a misdemeanor conviction for a crime such as shoplifting could qualify as an "aggravated felony." One convicted of an aggravated felony faces restrictions on his/her ability to apply for relief and avoid being deported. A shoplifting conviction is an aggravated felony if the sentence imposed is at least one year in jail, even if that sentence is suspended. A permanent resident of the U.S. with an aggravated felony conviction is not eligible to apply for the type of waiver described above and is also barred from most other forms of relief.
INA is simple and easy to understand? You just proved the point, and very convincingly I might add, about the hyper-technicality of the law.
An aggravated felony is a felony, most of the time. To be considered an aggravated felony, in most cases, the term of imprisonment imposed by the judge must be at least 365 days, regardless of the suspension of the sentence. In other cases, the loss to the victim must be at least $10,000. Yet, other "aggravated felonies" do not require more than a conviction, such as 922 violations. Sentencing is mostly regulated by the sentencing guidelines and Aprendi.
It's the regulatory offenses, only calling for a conviction, that may "convert" a misdemeanor into an aggravated felony. In some cases, a "conviction" that wouldn't be a conviction at all under any federal or state law, as mandated by the statute, would be an aggravated felony when in fact the applicant can say, truthfully, that he or she was never convicted of ANY felony whatsoever. Weird? Welcome to immigration law!
Live for today and forget about tomorrow, life of a rodeo man...
ntfd3, your point of view is taken; however, you're missing the point of illegal. They were not invited into this country. They broke the law - it's as simple as that. _______________________________________________ This is what I said in a previous post. I didn't say anything about immigration laws being simple. They're very complex. The more I read, the more confusing they are.
How can you intentionally or maliciously break a law that you do not understand? To be guilty of "intentionally doing something" you must first have knowledge "what you're doing".
Live for today and forget about tomorrow, life of a rodeo man...
Huh??? So you're saying the millions who crossed our borders (again, I am talking illegal) do not understand it is against our laws? What? Is there a 'Welcome' sign posted along our borders I don't know about? How about the presence of border control? Surely, you can't think these people are that stupid. They know good and well they're breaking them - they just don't care. The immigration laws are complicated. This aspect of it is not.
I mean I lived 5 years in USA and I loved that country and appreciated the freedom and the goos system in it, so I never broke a law, but I made one mistake that I speeded (not intentionally in construction area ) it was really empty and I did not see the sign cause I was looking for an enterance for a high way, but I attened the court and paid the fine, and the school and I was happy while taking responsiblity to what I did. but I saw many people commited DUI every day, and more than one time for the same prson , or shoplifting or assualting or hitting in a fight? does any of those called a felony? I really do not know that is why I ask?
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