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



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: Immigration Law Question:Deportation for legal refugee/theft convictions 13 years ago

  1. #1
    Hello all, I am desperate to find the answer to my question. I came to the US with my parents when I was 18 years old (as religious refugee). Shortly after we came I committed shoplifting and then again. Had 3 misdemeanors. It all happened 13 years ago. Nothing happened after my last conviction in 1999. Since then I went to college, finished it, had good job, got married, had 2 US born children. Last year applied N-400 to become US citizens and got busted (had no clue this was coming). I was served Notice to Appear. What are my chances? Do I have a chance to stay? Or my family will be separated? My husband doesn't want to leave US (he is US citizen) and he doesn't want our kids to leave US either. Please help!!! I need good advice!!! And good lawyer!!! Thank you for your time!

  2. #2
    Hello all, I am desperate to find the answer to my question. I came to the US with my parents when I was 18 years old (as religious refugee). Shortly after we came I committed shoplifting and then again. Had 3 misdemeanors. It all happened 13 years ago. Nothing happened after my last conviction in 1999. Since then I went to college, finished it, had good job, got married, had 2 US born children. Last year applied N-400 to become US citizens and got busted (had no clue this was coming). I was served Notice to Appear. What are my chances? Do I have a chance to stay? Or my family will be separated? My husband doesn't want to leave US (he is US citizen) and he doesn't want our kids to leave US either. Please help!!! I need good advice!!! And good lawyer!!! Thank you for your time!

  3. #3
    Hi and welcome,

    Please check out the link below. Not sure if you were sentenced to over 5 years in jail, but if so, there might be trouble. In any case, you should speak to a reputable immigration attorney. Best of luck to you.


    http://www.law.cornell.edu/usc...0001182----000-.html

    (B) Multiple criminal convictions

    Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

  4. #4
    Someone12
    Guest
    The post has been deleted by the administrator for violating the discussion board rules.

  5. #5
    You need post conviction relief, and or a Governor`s Pardon, google Kentucky vs. Padilla, it looks like you`ll be placed in deportation proceedings, but you can suspend proceedings if you can immediately apply for post conviction relief in the court in which you were prior convicted, you can also apply/seek a waiver of inadmissability in EOIR court. You need to contact a lawyer now, that specializes in immigration and criminal law. Good Luck.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by linda060500:
    Hello all, I am desperate to find the answer to my question. I came to the US with my parents when I was 18 years old (as religious refugee). Shortly after we came I committed shoplifting and then again. Had 3 misdemeanors. It all happened 13 years ago. Nothing happened after my last conviction in 1999. Since then I went to college, finished it, had good job, got married, had 2 US born children. Last year applied N-400 to become US citizens and got busted (had no clue this was coming). I was served Notice to Appear. What are my chances? Do I have a chance to stay? Or my family will be separated? My husband doesn't want to leave US (he is US citizen) and he doesn't want our kids to leave US either. Please help!!! I need good advice!!! And good lawyer!!! Thank you for your time! </div></BLOCKQUOTE>

  6. #6
    Hmmm??? Nope!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  7. #7
    Aside the issue of the 3 misdemeanors, did you ever mention them on the N-400 application or the original AoS (PR application)? If not, you are in real trouble. It's unlikely you would qualify for any waivers in that case. A good lawyer is a must!
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by linda060500:
    Hello all, I am desperate to find the answer to my question. I came to the US with my parents when I was 18 years old (as religious refugee). Shortly after we came I committed shoplifting and then again. Had 3 misdemeanors. It all happened 13 years ago. Nothing happened after my last conviction in 1999. Since then I went to college, finished it, had good job, got married, had 2 US born children. Last year applied N-400 to become US citizens and got busted (had no clue this was coming). I was served Notice to Appear. What are my chances? Do I have a chance to stay? Or my family will be separated? My husband doesn't want to leave US (he is US citizen) and he doesn't want our kids to leave US either. Please help!!! I need good advice!!! And good lawyer!!! Thank you for your time! </div></BLOCKQUOTE>
    Did you list any of the offenses on the N-400?
    "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

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by linda060500:
    Hello all, I am desperate to find the answer to my question. I came to the US with my parents when I was 18 years old (as religious refugee). Shortly after we came I committed shoplifting and then again. Had 3 misdemeanors. It all happened 13 years ago. Nothing happened after my last conviction in 1999. Since then I went to college, finished it, had good job, got married, had 2 US born children. Last year applied N-400 to become US citizens and got busted (had no clue this was coming). I was served Notice to Appear. What are my chances? Do I have a chance to stay? Or my family will be separated? My husband doesn't want to leave US (he is US citizen) and he doesn't want our kids to leave US either. Please help!!! I need good advice!!! And good lawyer!!! Thank you for your time! </div></BLOCKQUOTE>
    Also,
    Here is something that may help. Here is what it says, "Minor violations or misdemeanor offenses for which an applicant has been convicted that occurred outside the statutory period, should ordinarily not bar the applicant from becoming a citizen unless such past conduct reflects on the applicant’s present conduct." Not sure if the convictions you have fall outside that time frame. In either case, consult with an immigration attorney to help you with the notice to appear. Above all, not not skip that date. You may be able to delay it, but skipping it will cause more problems than it will solve.
    "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

Similar Threads

  1. Immigration Law Question: Waited for almost 20 years. Help.
    By Yvonnahh in forum Immigration Discussion
    Replies: 1
    Last Post: 06-16-2012, 02:51 PM
  2. Immigration Law Question: EWI after deportation in 1999
    By Victor Yan in forum Immigration Discussion
    Replies: 5
    Last Post: 05-03-2012, 08:00 PM
  3. Immigration Law Question: legal aid please
    By lalata in forum Immigration Discussion
    Replies: 2
    Last Post: 02-15-2012, 03:59 PM
  4. Immigration Law Question: Waiver for 10 years bar.
    By GREAT*MIND in forum Immigration Discussion
    Replies: 2
    Last Post: 08-30-2011, 08:37 AM
  5. Immigration Law Question: Legal Fees
    By minamina23 in forum Immigration Discussion
    Replies: 9
    Last Post: 08-29-2011, 11:12 PM

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: