ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 9 of 9

Thread: husband wants to put his self up for deportation to seal criminal record to travel

  1. #1
    He came here when he was 13 yrs. old has a perm.green card. But when he was 18 he was charged and convicted of grand theft auto and trespass.he served 2 years in prison and 2 yrs house arrest.Now 13 years later we have been married for 16 years 7 children.He wants to travel back home to his country.But because of his past felony he is afriad they might not let him back in the country.I don't know if this is wise for him to do.Could he seal his record.Any help wouuld be great thanks this is my 1st post thanks

  2. #2
    He came here when he was 13 yrs. old has a perm.green card. But when he was 18 he was charged and convicted of grand theft auto and trespass.he served 2 years in prison and 2 yrs house arrest.Now 13 years later we have been married for 16 years 7 children.He wants to travel back home to his country.But because of his past felony he is afriad they might not let him back in the country.I don't know if this is wise for him to do.Could he seal his record.Any help wouuld be great thanks this is my 1st post thanks

  3. #3
    He can request from the court that the charge be removed from his record. Contact the court where the conviction took place. Then it will not show up on his record. He must, however, disclose the conviction if he applies for citizenship.

  4. #4
    He can also contact the lawyer who represented him or talk to a new lawyer - the court may not approve his amnesty.

  5. #5
    And afterward he can file N400 to get his citizenship. 13 years is a long time to prove moral turpitudes. Once he got it, there's pretty much very little to worry about when it comes to travel.
    Pay heed to dragonlady's advice with regard to disclosure of his arrest though, if he choose to do it.

  6. #6
    I'm neither a lawyer nor an expert on this issue.

    It is my understanding, however, that a felony conviction of such seriousness makes someone permanently ineligible for citizenship (as it should). Indeed, I believe that he is potentially subject to deportation.



    an expertI think that a felony arrest makes

  7. #7
    Well, it would depend whether grand theft auto is considered aggravated felony or not. The term "crime of violence" is vague at best. The 2yrs sentence does trouble me though. Another thing to consider, a felony conviction by itself doesn't translate to automatic deportation. It merely provide a basis for deportation.
    Wish I've the time to study the INA seriously....

    I seemed to recall cases where immigration lawyer sucesfully defend their client against deportation proceeding, despite a felony conviction in the past. IIRC, the period of time where the client displayed lawful obedience is the key.

  8. #8
    From what I know - working with the Justice system, heprobably would have been deported 13 years ago after he served his time. sometimes the penalties are harsh even for misdemeanors. All you need is a judge who thinks you should learn a lesson or a county from a hot fiery place, I have seen cases where a child got 3 years in juvy for steling a video from wal-mart and another child get 18 months for being totally drunk and committing vehicular homocide. Different counties same state. Moral turpitue is what they ususally check for (look on the form for citizenship) It could be argued that he was 18 and stupid - because at 18 we are stupid and do stupid things.

    Check for gross misdemeanor VS felony. I do know reckless endangerment is a gross misdemeanor and is often used for drive by shooting charges!

    I would have my record expunged (proving 5 years good behavior) and no other charges and go from there. A consultation with a lawyer is good and you pay for your hour. You don't have to hire the lawyer.

  9. #9
    Being convicted of Grant Theft Auto may and may not be an aggravated felony, it all depends on the record of conviction (charging paper, plea or final judgement, sentence). See United States v. Rodriguez-Lopez, 51 Fed. Appx. 664 (9th Cir. Nov. 19, 2002) and compare to Ramirez-Pina v. INS, 32 Fed.Appx. 839, 2002 WL 463400 (9th Cir. Feb. 22, 2002). In this particular case, you should contact an immigration law firm before taking any drastic action.
    As for the naturalization, you should be concerned with the statutory period and offenses that occur during such period.
    Again, you should seek legal help as soon as possible.

Similar Threads

  1. criminal record and getting a visa
    By _Ana in forum Immigration Discussion
    Replies: 11
    Last Post: 10-21-2009, 08:17 AM
  2. Criminal record for naturalization!
    By la1234 in forum Immigration Discussion
    Replies: 5
    Last Post: 07-12-2007, 01:50 PM
  3. Becoming a citizen with a criminal record. Please help!
    By Enirel in forum Immigration Discussion
    Replies: 3
    Last Post: 06-01-2007, 07:11 AM
  4. Criminal Record
    By JooneyB in forum Immigration Discussion
    Replies: 1
    Last Post: 10-12-2006, 09:22 AM
  5. Replies: 15
    Last Post: 12-11-2002, 01:31 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: