More details to this question:
I'm an immigrant and has been a legal resident here in the USA for 28 yrs., 2009-2010 I pleaded guilty for theft (Aggrevated Misdemeanor). ICE picked me up and took my Green Card, SS Card and Driver License then (thank God) I was let go the same day without bond, or I believe some people was detained. My hearing is on the first month of 2013. I have 2 underage children ages 15 and 17 and married to an American Citizen. I don't want to be deported. Is there anyway you can assist with my situation?
9 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
We would need to analyze your case to properly advise you on whether this is a deportable offense and if yes would you qualify for cancellation of removal as a long standing PR.
Answered on Jul 26th, 2012 at 2:00 PM
Yes, there is a way by which you can retain your lawful permanent resident status based on the facts as you have outlined them below. However, it is a complex remedy of relief from removal that you will be seeking and, as such, I recommend that you contact an attorney who has experience in immigration matters. You would be eligible for cancellation of removal for certain lawful permanent residentsagain, this is based on the limited information provided below.
Answered on Jul 23rd, 2012 at 8:04 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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Possibly, but it will depend largely on the facts of your criminal case. Some thefts may make you removable, while others only make you inadmissible to return the U.S. after leaving the country. Did you have an attorney for your criminal case and what did he, or the court, advise you of the immigration consequences of your guilty plea. These are the "basic" questions that need to be answered before an attorney can adequately advise you of your options. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jul 23rd, 2012 at 7:55 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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Any competent immigration attorney should be able to help you, and you should consult one without delay because, even though your Immigration Court hearing is in January, one of the possible solutions to your problem might involve reopening your criminal conviction case (and that takes months).
Answered on Jul 23rd, 2012 at 6:12 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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You probably have some options based on what you have described. Schedule a consultation with an immigration lawyer to go over all the facts and see what your options are.
Answered on Jul 20th, 2012 at 9:12 PM
Rebecca T White
If you would like to set a consultation I would be happy to assist. You will need to obtain a copy of your court records related to the theft charge, and as much of your immigration record as you can gather together. You should also gather together your marriage certificate and your children's birth certificates.
Answered on Jul 20th, 2012 at 8:53 PM
Immigration and Nationality Attorney serving Miami, FL
at
CruzLaw PA
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From the facts you have given it appears that you may be eligible for cancellation of removal. You would be ineligible if you have an aggravated * felony* or certain drug crimes. There may also be waivers available in your case. I would have to see your complete criminal historyarrest records and final disposition of cases and the immigration charging document NTA.
Answered on Jul 20th, 2012 at 8:51 PM
Appellate/Appeals Attorney serving Denver, CO
at
Law Office of Michael P. Gianelli, LLC
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You have many equities as a legal resident for 28 years. Because you have a green card, you will have a better chance than most to stop the removal proceeding. You may be able to argue that you are not deportable, that you are entitled to cancellation of removal, or possibly try to readjust your status. You should definitely retain an immigration attorney to represent your interests and fight the removal.
Answered on Jul 20th, 2012 at 8:50 PM
1 Award
Hiring an immigration attorney will help during your removal hearing. You have some good factors that will help you during the hearing, such as being married to a U.S. citizen and having children.
Answered on Jul 20th, 2012 at 8:43 PM