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Thread: I was convicted under the wrong statute resulting in deportation

  1. #1
    Hello,

    This is a desperate cry for help. In a nutshell: after two years of negotiations I relied on what would bring me a sizable commission to cover an medical emergency using a downpayment of a customer. However it turned out to be a scam and I could not meet my obligations. I took a plea bargain for grand theft as I saw no use in fighting the truth.
    I was in export and the whole deal with the customer I [mis]used the downpayment from was done by fax transmission, no word was even spoken, thus making this a textbook example of "mail or wire fraud" The crucial and essential difference, of which I was not aware, is that "mail or wire fraud" is only deportabler if the sustained loss is over $10,000, in my case it was a "mere" (compared to the legal treshold) $5,500, thus NON deportable.

    The sad fact is that I realized this only much too late. I am also eligible for a 212(h) waiver (I have an 11-year-old US citizen daughter) and have an O-visa (extra ordinary abilities) but got denied an adjustment of status because I overstayed my tourist visa (non-malicious as stated in the ruling of the immigration judge).

    Now I am deported to my native Belgium where I have no family, relations nor friends and, much worse, torn from my family and unable to provide them.

    Suggestions as to a solution (the full story with all the relevant documents can be found at my website www.wiZZar.com )

    I thank you for your attention

    Andre C. Hulsart

    [This message was edited by Andre on October 13, 2003 at 01:50 PM.]

  2. #2
    Hello,

    This is a desperate cry for help. In a nutshell: after two years of negotiations I relied on what would bring me a sizable commission to cover an medical emergency using a downpayment of a customer. However it turned out to be a scam and I could not meet my obligations. I took a plea bargain for grand theft as I saw no use in fighting the truth.
    I was in export and the whole deal with the customer I [mis]used the downpayment from was done by fax transmission, no word was even spoken, thus making this a textbook example of "mail or wire fraud" The crucial and essential difference, of which I was not aware, is that "mail or wire fraud" is only deportabler if the sustained loss is over $10,000, in my case it was a "mere" (compared to the legal treshold) $5,500, thus NON deportable.

    The sad fact is that I realized this only much too late. I am also eligible for a 212(h) waiver (I have an 11-year-old US citizen daughter) and have an O-visa (extra ordinary abilities) but got denied an adjustment of status because I overstayed my tourist visa (non-malicious as stated in the ruling of the immigration judge).

    Now I am deported to my native Belgium where I have no family, relations nor friends and, much worse, torn from my family and unable to provide them.

    Suggestions as to a solution (the full story with all the relevant documents can be found at my website www.wiZZar.com )

    I thank you for your attention

    Andre C. Hulsart

    [This message was edited by Andre on October 13, 2003 at 01:50 PM.]

  3. #3
    To get deportablity, if you are deportable or not you shount full sentence of the crime. you might pled guilty to the higher crime sentences but was reduced by judge( may be)
    check the full panelty of the mail or wire fraud first. If you still think you are not deportable then you can appeal to BIA or Immigration judge.
    Its a discussion, not a legal advise..

  4. #4
    What are we supposed to do?

    Go get a lawyer, and file whatever forms, etc. you can and try your luck with the judges. I assume you went to immigration trials with the courts and judges before you got deported. And fought tooth and nail, right? or did you just give up and voluntarily left?

    If you left by yourself -- it shows even you didn't believe you had a case.

    -= nav =-

  5. #5
    I read your site and stunned by your story. You proved your point on the err, however, I am still not totally convinced...why?, you say mention your previous employment, you even fathered an automobile design and further was part of a significant breakthough in automobile paint technology and is being used only on high end vehicles. What troubles me is that for an exta ordinary guy like you mentioned and all of what you were part of, you should be atleast a homeowner in the U.S.,. You say your kid and your wife now lives in a one bedroom apartment in a very poor neighborhood. You are asking monetary help on your website which makes me suspect this is just a scam.

    I apologize for being skeptic but you are right on the money about your case but something is fishy about the whole scenario.

    Good luck to you

  6. #6
    I sent his website to a friend of mine who works for the INS to look at. That site is such a scam for money and support it isn't funny.

    You'd think someone with "extraordinary" abilities, wouldn't be so **** stupid.

    1) He overstays his visa
    2) He gets denied a visa cuz he's out selling cars, instead of doing what he was admitted in the country to do.
    3) He commits grand theft and pleads GUILTY. A 50+ y/o person should know better. Doesn't matter what the cirumstances are now. He plead GUILTY. He's a criminal.
    4) He went through the courts and lost. He was told to voluntarily leave. He DIDN'T. He got caught and physically DEPORTED.
    5) If he REALLY wanted to be with his daughter, he'd immigrate to Canada and live across the border.

    He left in 89, yet has no friends or family apparently and he's poor. I guess the people fleeing wartorn countries shoudl be tossed aside -- so we can admit this illegal law-breaking, deported criminal back in.

    There are MILLIONS of people who came to this country legally. Your abuse of our immigration laws makes EVERYONE's job harder. You're out of our country. Please stay there.

    No American should go out adn support you, out of all the millions of hard-luck deportee stories -- only cuz you got good website skills.

    Oh btw: Next time i steal money from a bank. I was just "borrowing" it for some emergency. That makes it right.

    -= nav =-

  7. #7
    sorry to hear your story Andre. I see some of our friends in the middle of fraudelent marriages can't wait to rip off someone with different problems than their own...

    Anyways. the only relief you've got is to reopen your conviction and get a new trial. There is no way around it. It is not so much just the amount involved, it is also the max. punishment POSSIBLE (364+ days). it doesn't even have to be actually imposed that determines if you're an aggravated felon or not; you can be off on parole or not sit a single day in jail the important part is that a judge determined guilt or you plead nole, that is enough for BCIS and immigration laws to consider you convicted. These laws can be unfair occasionally and i'm not entirely sure about all of your circumstances e.g. were you a lawfull resident at the time of the conviction? were you a legal permanent resident? All these aspects can have a tremondeous effect. another thing for you to consider is a executive pardon. If your case is really that unjust you should be able to find open ears with Conan...ehm, pardon...Arnold or Mr. Bush! There used to be a statute of limitations, unfortunatly no more, but time is still a bit on your side since it really has been a long time... good luck!

  8. #8
    Hello again,
    I read the posts regarding my case. Some are sceptical, which I understand, it is quite unbelievable, some are outright hostile and some are really constructive. I want to post here some quick reply, will do it more in detail on my site.

    moodin: what can you do, give legal advice and help. Yes, I went through the whole thing, from immigration to BIA even tried 9th cirquit. I fought indeed tooth and nail, even had a case still pending when I got deported, would never leave voluntary.
    Yes, I was so st... as you state it, I did overstay my visa, but I was NOT denied because I was in the export, I got denied because I overstayed, sorry if I was not clear here.
    You are right, the circumstances of the crime make it [maybe] understandable but DO NOT make it right, BUT a bank would be grand theft while now it is mail or wire fraud, a WORLD of difference in immigration matters. And please, be not so quick to judge, it can happen to anybody. If you are presented with a transfer document in your name, go with it to the manager of your bank (Wells Fargo) who confirms its good form and are confronted with an emergency, many will do what I did, believe me (again this does NOT justify it is still is wrong). I did NOT plead guilty but nolo contendere (no contest) and did NOT commit grand theft but mail or wire fraud, the kingpin of the whole problem.
    I was NOT told to volontary leave, I was deported. Yes, I have no friends HERE in Belgium, and now I am poor (see further also), I was not but all this has, these several years have drained ALL our resources, pretty normal isn't it?
    You are completely right that the illegals make it harder on everybody, case at hand me. If the system would not have been abused as it has been I would NOT have such a hard time now. I did NOT come to the country illegally but overstayed, procrastinated.

    angeleyes14344. I understand you are sceptical. We did have the good life, a house with pool, three cars, a motorhome and so on but all this is gone, gone in the abyss of the legal costs and costs of living for a family with three children and no provider (me). Everything can be checked should you be so inclined. We do not really want money but help, are you, or do you know of a lawyer, who want to tackle this pro bono, great, getting money is NOT the object, getting back is.

    acelaw: thanks for the advice. The problem is that I am a layman. I already tried to have the conviction changed to the correct statute but was denied on the grounds that: once you have finished your sentence, that's it. I have no idea how to reopen, but will look into it. I will also look into the executive pardon.

    Thanks for all who took the trouble to visit my site and answer.

  9. #9
    in export and the whole deal with the customer I [mis]used the downpayment from was done by fax transmission, no word was even spoken, thus making this a textbook example of "mail or wire fraud" The crucial and essential difference, of which I was not aware, is that "mail or wire fraud" is only deportabler if the sustained loss is over $10,000, in my case it was a "mere" (compared to the legal treshold) $5,500, thus NON deportable.

    The sad fact is that I realized this only much too late. I am also eligible for a 212(h) waiver (I have an 11-year-old US citizen daughter) and have an O-visa (extra ordinary abilities) but got denied an adjustment of status because I overstayed my tourist visa (non-malicious as stated in the ruling of the immigration judge).

    Now I am deported to my native Belgium where I have no family, relations nor friends and, much worse, torn from my family and unable to provide them.

    Suggestions as to a solution (the full story with all the relevant documents can be found at my website www.wiZZar.com )

    I thank you for your attention

    Andre C. Hulsart

    [This message was edited by Andre on October 13, 2003 at 01:50 PM.]




    mohan

    Member
    posted October 13, 2003 03:20 PM
    To get deportablity, if you are deportable or not you shount full sentence of the crime. you might pled guilty to the higher crime sentences but was reduced by judge( may be)
    check the full panelty of the mail or wire fraud first. If you still think you are not deportable then you can appeal to BIA or Immigration judge.




    moondin
    Member
    posted October 13, 2003 08:08 PM
    What are we supposed to do?

    Go get a lawyer, and file whatever forms, etc. you can and try your luck with the judges. I assume you went to immigration trials with the courts and judges before you got deported. And fought tooth and nail, right? or did you just give up and voluntarily left?

    If you left by yourself -- it shows even you didn't believe you had a case.

    -= nav =-




    angeleyes14344

    Member
    posted October 14, 2003 12:34 AM
    I read your site and stunned by your story. You proved your point on the err, however, I am still not totally convinced...why?, you say mention your previous employment, you even fathered an automobile design and further was part of a significant breakthough in automobile paint technology and is being used only on high end vehicles. What troubles me is that for an exta ordinary guy like you mentioned and all of what you were part of, you should be atleast a homeowner in the U.S.,. You say your kid and your wife now lives in a one bedroom apartment in a very poor neighborhood. You are asking monetary help on your website which makes me suspect this is just a scam.

    I apologize for being skeptic but you are right on the money about your case but something is fishy about the whole scenario.

    Good luck to you




    moondin
    Member
    posted October 14, 2003 03:43 AM
    I sent his website to a friend of mine who works for the INS to look at. That site is such a scam for money and support it isn't funny.

    You'd think someone with "extraordinary" abilities, wouldn't be so **** stupid.

    1) He overstays his visa
    2) He gets denied a visa cuz he's out selling cars, instead of doing what he was admitted in the country to do.
    3) He commits grand theft and pleads GUILTY. A 50+ y/o person should know better. Doesn't matter what the cirumstances are now. He plead GUILTY. He's a criminal.
    4) He went through the courts and lost. He was told to voluntarily leave. He DIDN'T. He got caught and physically DEPORTED.
    5) If he REALLY wanted to be with his daughter, he'd immigrate to Canada and live across the border.

    He left in 89, yet has no friends or family apparently and he's poor. I guess the people fleeing wartorn countries shoudl be tossed aside -- so we can admit this illegal law-breaking, deported criminal back in.

    There are MILLIONS of people who came to this country legally. Your abuse of our immigration laws makes EVERYONE's job harder. You're out of our country. Please stay there.

    No American should go out adn support you, out of all the millions of hard-luck deportee stories -- only cuz you got good website skills.

    Oh btw: Next time i steal money from a bank. I was just "borrowing" it for some emergency. That makes it right.

    -= nav =-




    aceIaw
    Member
    posted October 14, 2003 05:48 PM
    sorry to hear your story Andre. I see some of our friends in the middle of fraudelent marriages can't wait to rip off someone with different problems than their own...

    Anyways. the only relief you've got is to reopen your conviction and get a new trial. There is no way around it. It is not so much just the amount involved, it is also the max. punishment POSSIBLE (364+ days). it doesn't even have to be actually imposed that determines if you're an aggravated felon or not; you can be off on parole or not sit a single day in jail the important part is that a judge determined guilt or you plead nole, that is enough for BCIS and immigration laws to consider you convicted. These laws can be unfair occasionally and i'm not entirely sure about all of your circumstances e.g. were you a lawfull resident at the time of the conviction? were you a legal permanent resident? All these aspects can have a tremondeous effect. another thing for you to consider is a executive pardon. If your case is really that unjust you should be able to find open ears with Conan...ehm, pardon...Arnold or Mr. Bush! There used to be a statute of limitations, unfortunatly no more, but time is still a bit on your side since it really has been a long time... good luck!




    Andre
    Junior Member
    posted October 15, 2003 03:03 AM
    Hello again,
    I read the posts regarding my case. Some are sceptical, which I understand, it is quite unbelievable, some are outright hostile and some are really constructive. I want to post here some quick reply, will do it more in detail on my site.

    moodin: what can you do, give legal advice and help. Yes, I went through the whole thing, from immigration to BIA even tried 9th cirquit. I fought indeed tooth and nail, even had a case still pending when I got deported, would never leave voluntary.
    Yes, I was so st... as you state it, I did overstay my visa, but I was NOT denied because I was in the export, I got denied because I overstayed, sorry if I was not clear here.
    You are right, the circumstances of the crime make it [maybe] understandable but DO NOT make it right, BUT a bank would be grand theft while now it is mail or wire fraud, a WORLD of difference in immigration matters. And please, be not so quick to judge, it can happen to anybody. If you are presented with a transfer document in your name, go with it to the manager of your bank (Wells Fargo) who confirms its good form and are confronted with an emergency, many will do what I did, believe me (again this does NOT justify it is still is wrong). I did NOT plead guilty but nolo contendere (no contest) and did NOT commit grand theft but mail or wire fraud, the kingpin of the whole problem.
    I was NOT told to volontary leave, I was deported. Yes, I have no friends HERE in Belgium, and now I am poor (see further also), I was not but all this has, these several years have drained ALL our resources, pretty normal isn't it?
    You are completely right that the illegals make it harder on everybody, case at hand me. If the system would not have been abused as it has been I would NOT have such a hard time now. I did NOT come to the country illegally but overstayed, procrastinated.

    angeleyes14344. I understand you are sceptical. We did have the good life, a house with pool

  10. #10
    Hey, Hill Tom,

    Thanks for the effort but something went wrong, you just reposted all the messages and nothing was added, what's up??

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