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  • Deportation

    My father has been a permanent resident since 1975 he was charged with a felony in 1987 and sentenced to 8 years in prison but was released after one year. About a year ago he applied for citizenship but he ran into dead ends because of his prior arrest. We hadn't heared anything on the status of his application for over 6 months and suddenly he was sent a letter from immigration stating that he was set to appear in court in order to decide whether or not he will be deported. How and why is this happening .. please help me. Danny

  • #2
    My father has been a permanent resident since 1975 he was charged with a felony in 1987 and sentenced to 8 years in prison but was released after one year. About a year ago he applied for citizenship but he ran into dead ends because of his prior arrest. We hadn't heared anything on the status of his application for over 6 months and suddenly he was sent a letter from immigration stating that he was set to appear in court in order to decide whether or not he will be deported. How and why is this happening .. please help me. Danny

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    • #3
      you need a good lawyer.

      Comment


      • #4
        why did he not naturalize in all those years between 1975 and 1987?

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        • #5
          Your father is subject to deportation because he is a convicted felon, but not a U.S. citizen. In 1996, the immigration laws were changed, and the deportation provisions relating to felony convictions were made much more severe...and they were also made retroactive. In other words: under current immigration law, a felony conviction means that a non-citizen is almost certainly eligible for deportation, regardless of when said conviction occurred. America has rightly decided that a criminal immigrant does not deserve the privilege of living in the best country in the world.

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          • #6
            This is our system
            Do not question our system
            If you do not like our system then get out


            Thank you and have a nice day


            Michael Schmitt
            Senior Immigration Adjudicator

            Comment


            • #7
              Michael, my fiance is in a similar situation and I think Danny is just asking how the process goes, not questioning if it's right or wrong. I love my fiance and want him to stay, but I realize that we might be torn apart because of "our system" and how it deals with deportation, especially since my fiance is serving time for a crime he did not committ. Until you have to deal with the horrible reality of possibly being separated from a loved one, then you should be more sensitive with how you comment.
              May God be with you,
              xina

              Comment


              • #8
                This is our system
                Do not question our system
                If you do not like our system then get out


                Thank you and have a nice day


                Michael Schmitt
                Senior Immigration Adjudicator

                Comment


                • #9
                  What sort of stupid MF are you so-called michael shmidt hi hitler ******* german dog!

                  Comment


                  • #10
                    This is response for Michael Schmitt.

                    What kind of person are you ? we are all strangers on this earth. We are only for a little while. Have some sympathy to refugees, and foreigners or better shut your mouth .........besides America is a land of foreigners and evey body makes mistakes at times.
                    Even if you do not have sympathy for others you need to Fear the almighty God.

                    Comment


                    • #11
                      Fear the almighty God ! He struck back for 9/11 on December 26, 2004 and destroyed over 100,000 savages ! Death to Allah !

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                      • #12
                        AND.. there were no american casulties?.... what about 2500 not accounted for and 18 deaths... 2500 is almost half of 9/11...

                        Mikey just go and short INCX and make money .. this is not for you. grow up
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          I certainly understand what you're going through. Our family went through the same deportation case with my uncle. We just got very lucky that his case was dismissed and was given a second chance in this country. BTW, thank you to to everyone that responded kindly to my posts. If you have any questions, don't hesitate to post. There are people here that are sympathetic and do care. Goodluck.
                          -tish

                          Comment


                          • #14
                            Danny: the only remedy I can see to your father's situation is going to be; if and then he can re-open the original case/charge and prove that he was wrongly convicted. If he received originally 8 yrs. of punishment (how long he actually served or not, doesn't matter), that sounds like a pretty severe crime and conviction to me and it was a deportable factor all along even before the stricter law changes. He should have known that with such a history he's permanently ineligable for naturalization and should have not started the N-400 process which initiated the administrative removal proceedings.

                            In my humble opinion, it is going to be a tough case to win even just a stay of removal (depending on his health, age, rehabiliative factors etc.). Consult a good attorney and good luck!

                            Comment


                            • #15
                              There are immigrants out there that are not aware of the 1996 Law being retroactive. Most of them were not given proper guidance when it comes to pleading guilty to a conviction. Ace was right, the 8 years of punishment sounded like a severe crime. You may want an attorney that handles both criminal and immigration cases.

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