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Former F-1 Student with 3 Misdeanors Wants to Resume Studies in US F Visa

Discussion in 'Cultural, Training, Student Visa' started by Jean, Jul 15, 2005.

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  1. Jean

    Jean Law Topic Starter New Member

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    I am seeking information for a former F-1 student who recently pleaded "no contest" to 3 misdemeanors. At sentencing, none of the convictions exceeded 6 months in length. Unfortunately, although the student remained in jail for approx. 1 year and 3 months contesting his innocence, the individual finally felt that going to trial on the initial charges was too risky--the benefits did not outweigh the risks-- particularly when the institution where the F-1 student was enrolled had withdrawn him and clarified they had no intention of readmitting him even if he were acquitted.

    At this point, even though the former F-1 student has exceeded his time in jail, he is back in his jail cell because he has an immigration hold, and we have not been able to retain an immigration lawyer (no one is returning phone calls). Although the situation does not look good, the individual is hopeful and expresses a high desire to continue his studies in the U.S. at a different university if possible.

    Could someone familiar with immigration law & immigration court please explain what will likely happen next and explain what action the student might want to take to increase his chances of remaining/returning to the U.S. to complete his studies? Thank you in advance for any assistance you may be able to give.
     
  2. NYClex

    NYClex New Member

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    well, it depends on what kind of misdemeanor convictions he had. If they were all for "crimes of moral turpitude" he will be deported and barred from returning to the US.
     
  3. Jean

    Jean Law Topic Starter New Member

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    Further Information on the Misdemeanors

    Thank you for your assistance, perhaps further information would help.

    The misdemeanors were (1) entry into a locked building (class A), (2) entry into a locked room (class A), and (3) disorderly conduct (class B). It's likely that the initial charges brought against him would have been considered "crimes of moral turpitude." He was taken into federal custody late yesterday afternoon, and we've been told he will have a bond hearing and then an immigration hearing. We have still been unable to secure a lawyer.

    Perhaps the important question is: What will the immigration judge look at and consider when determining the bond and sentencing? Thank you again for an additional help you might give.
     
  4. NYClex

    NYClex New Member

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    This will be the main question: were the crimes crimes of moral turpitude or not.

    This guy should definitely have an attorney: Have a look here: http://www.aila.org/content/default.aspx?bc=12621|10180
     

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