QUESTION

I had a legal status in the U.S. but was convicted of an aggravated felony (drugs). What are my chances of being able to stay legally in the US?

Asked on Dec 27th, 2012 on Immigration - Florida
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5 ANSWERS

Robert E. West
No chance legally.
Answered on Jan 08th, 2013 at 4:01 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. 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 situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 08th, 2013 at 4:00 AM

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By law, an aggravated felony conviction disqualifies you from any relief from removal. So long as this conviction remains on your record, you have no chances at all with USCIS or the Immigration Court. If you were convicted after a trial, and there is no possibility of a successful appeal, you will be deported and have no way to legally stay in the U.S. or to come back after deportation. If your conviction was entered on your guilty plea; and no one advised you, before you took the plea, that the conviction would result in your inability to stay in the U.S., you might be able to convince the court to set aside the sentence and reopen your case. But, before doing that, you need to consult an attorney to evaluate what are your chances of being acquitted if the court reopens your case. Reopening your case does not set you free: it means that you have to go on trial, and, if the prosecution proves your guilt, you can receive a harsher sentence than you got on a plea - and still be deported after you serve your time. So, asking the court to reopen your case is a serious step that should not be taken without a competent professional advice.
Answered on Jan 08th, 2013 at 2:17 AM

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Adebola O. Asekun
Conviction for an aggravated felony has serious consequences especially for a lawful resident alien. Some of the consequences include loss of green card status; permanent bar to US citizenship as well as deportation from United States without any relief. Although, the word "aggravated felony" connotes serious crimes such as rape, murder or armed robbery, DHS defines aggravated felony so broadly to include even some non violent misdemeanors. Regardless of the offense deemed to be an agg. fel. the stakes are very high and the intersection of criminal and immigration law is where the relevant issues reside.The law in this area is very complicated and is beyond the scope of many immigration lawyers. Notwithstanding conviction for an aggravated felony, there are post conviction opportunities that may allow you to remain in United States. My suggestion is that you speak to a competent crimmigration attorney who can advise you of the various options that are available to you. My final comment is that you consult with a crimmigration attorney before ICE agents knock on your door.
Answered on Jan 04th, 2013 at 9:16 PM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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You might be entitled to a waiver. You need to have your criminal case analyzed.
Answered on Jan 04th, 2013 at 8:36 PM

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