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Expired permanent residency card--felony criminal conviction--is it a lost cause?

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  • Expired permanent residency card--felony criminal conviction--is it a lost cause?

    My family member's permanen residency card exired in 2000 and he has never renewed it. In the meantime, he obtained a felony criminal conviction (robbery) but was released with no immigration hold. He has had permanent residency since 1972 at age 5. He is also married to a U.S. citizen for over 13 years, but never applied for naturalization. Is it a lost cause to try and file an I-90 to get his residency card renewed? Will they likely nab him when he tries to file the I-90? Thanks

  • #2
    My family member's permanen residency card exired in 2000 and he has never renewed it. In the meantime, he obtained a felony criminal conviction (robbery) but was released with no immigration hold. He has had permanent residency since 1972 at age 5. He is also married to a U.S. citizen for over 13 years, but never applied for naturalization. Is it a lost cause to try and file an I-90 to get his residency card renewed? Will they likely nab him when he tries to file the I-90? Thanks

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    • #3
      well, if he's been released, he's probably awaiting trial and by law he's not removable untill he has the actual felony conviction in a court of law even though it occasionally happens that people are removed while the criminal procedure is not finalized, but I guess in his case, being such a long term LPR they need to go by the book. In any case, if the conviction is final he should get a good attorney and try to go for a conviction that is not necessarily removable, any felony will be. It sound serious and he should make a decision how much a legal team is worth it to him for the slim chance of remaining here...

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      • #4
        He was convicted of robbery back in 2002 or 2003 and served well over a year in jail. He was just released in February 2004.

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        • #5
          Will the filing of the I-90 trigger removal proceedings?

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          • #6
            In my opinion the filing of the renewal will most likely trigger removal proceedings. It's an intriguing case. It appears that one of the following may be applicable to him:
            a) through a big glitch, he must have been mistaken for a U.S. citizen when he was released
            b) he is a national or semi-citizen of a country that does not take back its criminal (former) citizens
            c) his original citizenship country doesn't exist anymore or
            b) he is a borderline 'minor' case (say if he committed the actual crime before he became 18 yrs. old in 1984, but was only recently identified/captured/and/or convicted??)

            If the crime + conviction occured after he was 18, by statute a felony conviction of an actual 1+ yr. incarceration is definitly a removable factor with no possibility of relief as far as I can see it. But some of the other, above mentioned cases may not be incarcerated indefinitly either if they can't be returned back to their country of citizenship or nationality.

            At this stage I would not apply for renewal of LPR card, since that could trigger the look-out of a third receiving country for his removal...
            consult an attoreny!

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            • #7
              Did he tell them he was a citizen or just let them believe it when he was incarcerated?

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              • #8
                He is from Mexico (Tijuana). The crime was committed as an adult (when he was about 30 years of age). He was to talk with INS before his release from jail but they released him over the weekend. He was to talk with INS on a Tuesday and they release him on a Saturday. Should he just withhold from doing anything right now?

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                • #9
                  From the information that you provided so far, it appears that the release on a saturday (before the 'interview' on tuesday with INS) was a mistake and very likely a warrant of arrest may be out on him. If so, any approach will trigger immediate arrest and removal. Avoiding the warrant is even worse though...remaining a fugitive...

                  This case is too complex; were you convicted for the crime to more than 1 year jail, or was he 'just' hold for over 1 yr. because of the dispute about his removability or not? Get your exact court documents what the charge of crime is, what the exact sentencing was etc. and consult a good attorney!

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