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Thread: cancellation of removal

  1. #1
    My fiance is being detained by INS he went to immigration to get a copy of his green card which he had lost and was arrested on site and ended up in Buffallo federal detention center the next day he is charged with aggrivated feloney he has been in this country since he was 11 and is now 42 he has a lawyer he was given a form called a cancellation of removal but the research i have done says if you are charged with this you cannot submit a cancellation of removal. The lawyer is charging a thousand dollars for this document. Does anyone know anything about this.

  2. #2
    My fiance is being detained by INS he went to immigration to get a copy of his green card which he had lost and was arrested on site and ended up in Buffallo federal detention center the next day he is charged with aggrivated feloney he has been in this country since he was 11 and is now 42 he has a lawyer he was given a form called a cancellation of removal but the research i have done says if you are charged with this you cannot submit a cancellation of removal. The lawyer is charging a thousand dollars for this document. Does anyone know anything about this.

  3. #3
    Please help us understand why he is being charged. Did something happen while he was in the USCIS office, or was this something unrelated to immigration? In order for anyone to give you advice, you must disclose more facts.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by unique:
    Please help us understand why he is being charged. Did something happen while he was in the USCIS office, or was this something unrelated to immigration? In order for anyone to give you advice, you must disclose more facts. </div></BLOCKQUOTE>

    He spent 3 years in prison on a charge and was released in 2006 INS never sent him anything about detaining him while in prison and when he was originally arrested the police tore up his green card and identification so when he went to immigration to try and get a copy so he could get ID he was arrested they said they had a warrent for him. I know that we were pulled over for police just 4 months ago for a traffic violation and both of our names was run and came back clean so this was a total suprise to us. Also in my internet research i read that when you go to your intial hearing if the judge decides you are eligible for relief they will give you the appropriate relief form to fill out. Is this true?

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by c.davis6@verizon.net:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by unique:
    Please help us understand why he is being charged. Did something happen while he was in the USCIS office, or was this something unrelated to immigration? In order for anyone to give you advice, you must disclose more facts. </div></BLOCKQUOTE>

    He spent 3 years in prison on a charge and was released in 2006 INS never sent him anything about detaining him while in prison and when he was originally arrested the police tore up his green card and identification so when he went to immigration to try and get a copy so he could get ID he was arrested they said they had a warrent for him. I know that we were pulled over for police just 4 months ago for a traffic violation and both of our names was run and came back clean so this was a total suprise to us. Also in my internet research i read that when you go to your intial hearing if the judge decides you are eligible for relief they will give you the appropriate relief form to fill out. Is this true? </div></BLOCKQUOTE>

    What was he in jail for? What kind of charge, you gonna have to be a little more specific? Was he convicted of an aggrevated felony? You say he was released in 2006 and police destroyed his ID when he got first arrested. So that must have been at around 2002/2003.

    What ID did have since then?

    A conviction of aggravated felony is grounds for removal if you're an immigrant.
    ...I may condemn what you say, but I will give my life for that you may say it! - Voltaire

  6. #6
    he was charged with an E felony in 2003 and got out on parole in 2004 but parole was revoked and he had to go back in and finish his sentence. even though he was not detained either time by immigration i naturally assumed that that is why they detained him when he went to immigration to get a copy of his greencard. I don't have access to his attorney because family paid for it and we are an interracial couple and they do not approve. So i am kinda left in the dark about his specific charges he is not good at paperwork. But he just called and we were discussing this and he said he is not charged with an aggrivated feloney because the judge decides what if any relief you or eligible for and he was told he was eligible for a cancellation of removal so now i'm really confused.

  7. #7
    I general, a charge like this would get him removed. But, due to the fact that hes been here since he was 11 there might be a chance if the Judge is sympathetic. What is his Country of origin and his race? This might make a differance, if he's white there will be no sympathy, and no chance. If hes a minority there might be a chance. Does he have a more extensive criminal record than what you have told us? Why did he not get his citizenship while he had a GC?

  8. #8
    I Hate It when Others use Their E-mail As poster ID! GAMES!!! Manipiulation! These Are players!!!
    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

  9. #9
    The one thing to know is that an aggravated felony in Immigration terms is quite different to that of Federal criminal law terms.

    Another thing is that if the USCIS determine the crime was an aggravated felony under the INA, it's possible for them to do an administrative removal, meaning he'll never get his day in court.

    I don't think there are any waivers available for an aggravated felony either so using Cancellation of Removal won't work. Good luck. He'll need it.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  10. #10
    Being On Board Is The Best offensive!!! Read the Words! See the words! Hear The Words! Imagine These Words Being spoken To You personaly! How Would You Do It??? . Those Seeking Answers Projecting Too Much Respect To the Unknown!!! Playing Your Humanity!!! USA style! Use Caution! Thanks.
    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

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