QUESTION

Will ICE come get me?

Asked on Feb 24th, 2012 on Immigration - New York
More details to this question:
I have five misdemeanors 2 under the influence of meth and one dui and a suspended license and a violation of probation, and my green card expires in 2014 i did five days in jail for violation of probation, so the question is will ice come get me once my greencard has expired? will honeland security send me a notice to leave the usa once my green card espires? will i become an immigration fugitive? all my crimes happened within the five years of immigration probation and my neighbor was picked up by ice about one year ago he got in a fight over gangs and he stabbed the guy so he got charged with assault and battery and was given a felony but immigration never came to pick him up this incident happened about five years ago he did jail time about a year and the ice came just a year ago righ before his green card expired, thats why im worried i know he had a felony but i have 5 misdemeanors 2 under the influence of a controlled substance and dui and violation of prbation, please somebody help me . note: who ever is free of quilt, than you may throw the first punch, im not here to be judged im a human being and i make mistake so if anybody wanna talk shit just save your comments thank you
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4 ANSWERS

Criminal Law Attorney serving Newport Beach, CA at Right Choice Law
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I strongly recommend that you speak to an attorney to determine what options, if any, you have given your particular circumstances. ICE generally would not learn about you unless you make yourself noticeable such as by re-applying or renewing your legal status; or getting arrested whereby ICE will learn and could take you into their custody after completion of the criminal case matter.
Answered on Feb 29th, 2012 at 10:22 AM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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In regard to your neighbor: any person that commits a crime involving moral turpitude automatically is revoked his residence card. However, this is in theory. There might have been another reason why immigration came and picked up your neighbor. He might have been in immigration proceedings already. My point here is that once you commit a crime involving moral turpitude, immigration does not need to wait for the expiration of your residence card to pick anyone up because that person, although still holding a car, does not have residency status any longer. Usually what happens is that persons who have committed crimes involving moral turpitude try to renew their residency card. This tells immigration to look into the system and this is how they notice that this specific person committed such crime and no longer has status. The application is denied and the person is put on deportation proceedings. As far as I know, immigration does not have a system that works automatically and directly with the criminal court. Thus, it may take some time or an event for them to check on your file or record and find out you do not longer qualify to hold residency status. Some people travel and when they return and immigration reviews their record is when the deportation process commences. Thus, if you try to renew your residence card, you will be telling immigration to review your file and they will put you on deportation proceedings. If you do not do anything, you will remain with status until immigration somehow finds out. Once they do, they will commence deportation proceedings against you. Some people qualify for a waiver. However, drug charges are not waivable under immigration law but with the exception of "possession" of less than 30 grams of marihuana. All other drug charges do not get a waiver. A waive is difficult process where you need to meet certain requirements to qualify. Some people try to fix their criminal offenses through the criminal courts. In some instances, it is possible to vacate the judgment on a criminal case and change it to a different charge or nolle prose the case. The above gives some guidance in general terms but without knowing all the facts on a case, it is not possible to give specific advice. I would recommend youspeak to an experienced immigration attorney to discuss your specific options.
Answered on Feb 29th, 2012 at 1:59 AM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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My advice to you is that you speak to a an attorney who is competent to handle the case that you have. While additional information would be needed to figure out the exact immigration consequences of your criminal activity, you have to understand that you may become subject to removal from the US as a result of your criminal activity. Who is to blame for whatever involvement you had is inconsequential at this point. Looks like you have the potential for some trouble on the horizon and there may indeed be a solution to it. So rather than discuss who did what, I would suggest that you contact an immigration attorney who can review what you have and provide you some answers about what comes next. Please understand that the expiration of your alien registration card does not result in the immigration authorities coming to you house to cart you away. Instead, there is a relatively easy process that can be followed in order for you to renew your card and even with the trouble that you have had, you will be able to renew your green card.
Answered on Feb 28th, 2012 at 3:03 PM

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Leon Wildes
Use of controlled substances is the most serious immigration offense in the lot., but the combination is serious. No one can predict why one person gets away with it and another is arrested.
Answered on Feb 28th, 2012 at 5:04 AM

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