QUESTION

If my mom is being deported for a crime, are there steps I can take to bring her back?

Asked on Jan 13th, 2014 on Criminal Law - Texas
More details to this question:
She has been here since she was 14 months old entered as a LPR she is still here but has been ordered out. How can we get her to stay legal? The crime of attempted manufacture is inconclusive but yet they are still reporting her. She never should have been convicted of that crime but took a plea because she was being told she would not get deported.
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5 ANSWERS

Adebola O. Asekun
If your mother is still in the US, I strongly suggest that you encourage your mother to consult with an experienced immigration attorney. First, not all crimes are deportable offenses, and even if your mother's alleged conviction is for a deportable offense, she may be eligible for a waiver. Further, with the assistance of a good attorney, your mother may be able to return to the criminal court to vacate her criminal conviction on grounds. A vacated conviction no longer serves as a basis for her deportation.
Answered on Jan 15th, 2014 at 11:18 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Since she was convicted, there is really not much you can do. This is a most serious charge.. one that is not tolerated in the States.
Answered on Jan 15th, 2014 at 11:17 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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you should consult with an experienced immigration lawyer. It is too complicated to answer your questions here.
Answered on Jan 15th, 2014 at 11:17 AM

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It appears as if your mother was convicted of attempted manufacturing of a controlled substance. If that is correct and she is being deported as an aggravated felon, as defined by immigration laws, she will be banned for life from returning to the United States.
Answered on Jan 15th, 2014 at 11:16 AM

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If your mother gets deported, it is very unlikely that she will come back any time soon. Her best chance is in trying to vacate the criminal conviction, and then reverse the deportation order. She needs an immigration attorney who would try to stop her deportation, and a criminal attorney who would know how to reopen her criminal case. Whatever can be done needs to be done very fast, before the deportation order gets executed.
Answered on Jan 15th, 2014 at 11:16 AM

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