if a person was charged with embezzlement and served jail time before being deported in 2008 or 2009 can they return to the united states?
Asked on May 12th, 2019 on Immigration - California
More details to this question:
a family member was charged with embezzlement back in 2006 in CA. the said person then served time in prison and was deported either in 2008 or 2009. since it has been some years since then, if I was to start the process on applying for a green card on their behalf would it be worth it or would I be wasting my time?
Embezzlement is a crime involving moral turpitude at the very least and an aggravated felony at the worst if the amount embezzled exceeded $10,000 or the individual was sentenced to at least 1 year imprisonment. If there is to be a chance, there must be a petitioner capable of providing the basis upon which he can immigrate to the US, e.g. US citizen or permanent resident wife or child over the age of 21. He would also have to apply for a waiver of the crime, and so would have to have a spouse, parent, son or daughter who would suffer extreme hardship if the waiver application was turned down. Lacking those circumstances, you should not go forward. Even with the elements in place, the chances of success are problematic. 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.
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