QUESTION

What will happen to me if I evaded arrest?

Asked on Jul 18th, 2012 on Immigration - Colorado
More details to this question:
I entered this country illegally as a child. I am now married to a US citizen and I want to see if there is any possibility of me becoming a US Resident. The problem is that when I was 19 years old (I am now 24) I was convicted of a State Jail Felony for evading arrest using a vehicle. I pleaded guilty to this offense and my punishment was reduced to a Class A misdemeanorโ€™s punishment. I have been told that my case is a CIMT (Crimes of Moral Turpitude) and therefore I am inadmissible into this country. I have also been told that because the maximum sentence for a State Jail Felony is two years, I do not qualify for a waiver. Do I have any hope? Is there a way around this? How realistic are my chances?
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5 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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If the sentence was less than a year, you would qualify for a waiver. You can file the waiver in with consulate processing in order to apply for residency.
Answered on Aug 07th, 2012 at 11:24 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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I would need to review your case in full to properly advise you and give you a fee quote. Is this your only criminal record? A state felony is not always a felony for immigration purposes so this would need to be analyzed. Were you advised of the immigration consequences when you pled guilty? Did you enter the U.S. with a visa and overstay or did you enter without documentation? What are the details of your entry into the U.S.? (If you don't know these get them from your parent or whomever arranged for your initial entry into the U.S.) Did you ever claim to be a U.S. citizen? Have you returned to your home country after getting here? Has anyone ever filed papers for you or for your parents? Are your parents or grandparents U.S. citizens or permanent residents? Are you married to someone in one of the military branches? Have you ever been deported (removed) from the U.S.? Did you subsequently reenter? The answers to these and follow up questions will tell me whether you are eligible to file for permanent residency in the U.S. or will need to return home and process for an immigrant visa and whether a waiver will be required. If a waiver is required, the process is complex to determine the strength of your case and likelihood of success. There is also a new proposed regulation to allow you to obtain a provisional waiver in the U.S. before going overseas for your immigrant visa interview if this is necessary to your case. After we review these and related follow up questions, we would then be able to advise you on the procedures to reach your goal of permanent residency, timing and fees. We do charge for consultations ($350 per hour, prorated for part of an hour); but all fees paid for the consult would then be credited 100% toward the fees for your case once we are able to give you a firm fee quote. If you would like to schedule a consultation, call my office at the number below and arrange a convenient time either in person or by phone. One option may be the Deferred Action program for DREAMERS but again your criminal conviction may preclude this. Here are the rules: They are not yet accepting applications and will announce the procedures for applying within 60 days of June 15, 2012. I have attached some general information for you to review and would be happy to represent you throughout the process once the application process is determined. You will need to show: * You came to the U.S. prior to your 16th birthday; * You have been in the U.S. for at least 5 years; * You are currently in school, a high school graduate, or honorably discharged from the Armed Forces of Coast Guard; * You have been continuously present in the U.S. (brief absences may or may not be excused); * You have not been convicted of a felony or significant misdemeanors; * You were physically present in the U.S. on June 15, 2012; and * You are less than 31 years old. There will be a two step process to apply for deferred action and be fingerprinted. Then once deferred action is granted (This will be a 2 year grant.), you may apply for a work permit which will also be granted for 2 years. Once you receive the work permit you will be able to obtain a social security number. We have also learned this will apply to person
Answered on Jul 26th, 2012 at 2:51 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It will depend on exactly what charge or penal code violation you pled to and what you were advised by your attorney, and/or the court, regarding the immigration consequences of your plea. 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 7:56 PM

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Immigration and Nationality Attorney serving Miami, FL at CruzLaw PA
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I would need to see your criminal historyarrest records and final disposition. The final disposition of the case is what counts as far as to what the crime is. You get 1 misdemeanor. Also you may be eligible for a waiver (once your spouse petitions for you and that petition is approved.) New regulations are being contemplated where persons who are married to US citizens may apply for waivers from within the US, however these laws are still not in effect. As the law currently stands you would have to go outside the US for a waiver. CAUTION: If you depart the US you will be subject to the inadmissiblility bars. They only kick in when you DEPART.
Answered on Jul 20th, 2012 at 9:00 PM

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You need to speak with an immigration attorney to evaluate whether the misdemeanor plea was a CIMT and if so, whether it fits within the petty offense exception. Additionally, you may be entitled to a waiver. Also, because you entered illegally, you need to consult with an attorney to see whether there is any chance you can still adjust your status in the US or must consular process. If you must consular process, you will likely need a waiver for unlawful presence. Keep your ear on the news to see when the Obama administration's state-side waiver proposal becomes law.
Answered on Jul 20th, 2012 at 7:12 PM

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