QUESTION
Can my mom remain in the u.s. after being arrested for larceny from the person?
Asked on Mar 29th, 2012 on Immigration - Michigan
More details to this question:
My mom was pulled over and when they ran her background it showed the arrest warrant she had for not going to court for a case that dealt with larceny from the person for stealing a wallet left by someone at a store. so they made an arrest. she didn''t go to that court because she was afraid of getting deported and leaving me and my younger sister alone while i was sick. I am a 5 year cancer patient and i still go to the doctor fro check ups and infusions my mom is the only one who was taking me to this visits since i cannot drive,and my dad is in mexico so it is very important that she remains here in u.s. so she can continue taking me to the hospital. I would like to know if it is possible or get some advice.
1 ANSWER
Family Immigration Law Attorney serving Minneapolis, MN
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You don't specifically state whether your mother has lawful immigration status in the United States.Your mother needs to seek the advice of an experienced immigration lawyer soon! Criminal convictions/charges can dramatically affect a person's ability to remain in the United States. Regardless of whether she has lawful status or not, she could be turned over to ICE as a result of the criminal charge and put in removal (deportation) proceedings in immigration court.
I personally make it a rule to never make an evaluation on the impact of criminal charges as it relates to an immigration case because of the various ways in which state statutes are worded and the impact of the relevant immigration statute on a person's ability to gain an immigration benefit as it relates to that criminal charge. I highly recommend seeking an experienced lawyer in your area through lawyers.com. Some attorneys will charge for an initial consultation. But, if your mother is eligible to remain in the United States, an experienced immigration attorney will be able to properly advise your mother.
Answered on Apr 02nd, 2012 at 3:21 PM