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

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  • Hudson
    replied
    <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.

    Leave a comment:


  • Hudson
    replied
    <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?

    Leave a comment:


  • Brit4064
    replied
    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!

    Leave a comment:


  • MakeItRight!
    replied
    Hmmm??? Nope!

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  • italiansrus
    replied
    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>

    Leave a comment:


  • Guest's Avatar
    Guest replied
    The post has been deleted by the administrator for violating the discussion board rules.

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  • ProudUSC
    replied
    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.

    Leave a comment:


  • linda060500
    replied
    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!

    Leave a comment:


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

    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!
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