QUESTION

Can I set up an immigration court ? Instead they arrest me and I wait months waiting for court

Asked on Mar 19th, 2018 on Immigration - South Dakota
More details to this question:
I have been resident since 07/10 as rufugee, year later I got my creen card and I been holding it ever since , applied for my citizenship late 2015 I got the background check and interview done but the officer at the interview told me im not approved or denied , his boss have make the call since I have a charge on my record as he described “ not deportable offense “ meanwhile waiting I got in trouble with the law again for Possession more than 2 oz of marijuana and the state won’t do any deal with me and they want me to plea to a felony and I am suppos to get sentence on 03/28/18 .. I called free immigration lawyer and she recommended that I do withdraw of citizenship application so i did .. now it’s been over 6 weeks and I didn’t hear back from immigration and I know after I plea guilty to a felony and serve my time the will arrest me since it’s deportable offense .... I don’t know what to do I need advice ..I do qualify For the “ deportation cancellation”
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Cancellation of removal for a lawful permanent resident requires that the individual have been in the US for seven years after having been admitted, be a permanent resident for five years, and not been convicted of an aggravated felony. In your case, it would not appear that the possession charge would be an aggravated felony from your brief description. If not, the question is what was the other charge on your record? From your account, it was not serious. Cancellation of removal is discretionary, and the more serious the crimes, the more reluctant an immigration judge would feel about giving a favorable exercise of discretion. In your case, you may have to wait until your time is served before you have a hearing before the immigration judge. At that time, you and your legal representative could go through all the reasons for which you should not be removed including all of your equities. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Apr 15th, 2018 at 2:54 PM

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