Deportation, Re-entry How to avoid deportation

[vl2k4]

Hello, need your advice badly. My wife was convicted in petite larceny in VA. Our lawyer told he consulted with immigration laywer and we thought everything was going to be Ok.
But now, reading this forum I think she might be subject to deportation, because she's got 364 days suspended + 32 hours of public service with record clearance in a year. What metters is 364 days, which should be less then 6 month, if I'm not mistaken. Now the question is how to avoid deportation or just do anything to stay in the country.

Thanks in advance,
Vl2k4

 

[rj116]

Hello, need your advice badly. My wife was convicted in petite larceny in VA. Our lawyer told he consulted with immigration laywer and we thought everything was going to be Ok.
But now, reading this forum I think she might be subject to deportation, because she's got 364 days suspended + 32 hours of public service with record clearance in a year. What metters is 364 days, which should be less then 6 month, if I'm not mistaken. Now the question is how to avoid deportation or just do anything to stay in the country.

Thanks in advance,
Vl2k4

What is maximum punishment that could be given by the state statute under which she was convicted ? like 1 year or max or 2 year ???
depends on that too.

 

[vl2k4]

What is maximum punishment that could be given by the state statute under which she was convicted ? like 1 year or max or 2 year ???
depends on that too.

One year.

Have more questions:
1. How fast removal happens?
2. Who makes final descision is there any court or something where you can bring imm lawyer?
3. Is it possible to fight back court descision?

Thanks for answering.

 

[rj116]

vl2k4

One year.

Have more questions:
1. How fast removal happens?
2. Who makes final descision is there any court or something where you can bring imm lawyer?
3. Is it possible to fight back court descision?

Thanks for answering.

Did you consult a good immigration attorney ? very important.

If they initiated revmoval proceedings, they would send a notice to your address to appear in immigration court. Sometimes it happens right away or after couple of years, or never happens until you apply for any US immigration benefit, like green card, Citizenship, etc. Make sure that you have latest address with USCIS, otherwise, they could deport her for that reason alone if they mail you something and you are not there at that address.
Are you a permanent resident ?? If you are a permanent resident, there is a 800 number that you could call to find if you are in removal proceedings. For this, you need to have the A # ( number). I do not for know if there is any 800 number for non Permanent Residents. If you are interested, post a message, I will find it and post it for you.

If it was more than an year, definetely she would have been in trouble.
Deporation depends on various factors. how long has she been living in USA continuously, etc,.

Technically, if the crime (crime of moral turpitude, theft is one of them) committed, may be punishable upto 1 year, means met the requirements for the deportation.

Is the statue say one year or 364 days ? Very important!!! It does not really depend on how long is the acutal sentece or suspended sentence for deportation proceedings. It is applicable to only Inadimissable proceedings. ( I mean petty offence exception condition).

Inadmissable ( people try to enter USA)
removal ( deporation) for the people who are already in USA. In your wife case, it is deporation conditions that you have to worry about, if the crime is punishable to 1 year or more ( no sentence or suspended sentece is required)

So, Get good immigration lawyer first and then talk to good criminal lawyer. Very important. Once you plead guilty, that remains good for the immigration. Since your wife already did it and got convicted, there is not much you can do, unless you go to higher court and get the charges dismissed or plead guily to lesser charges which could result in a crime of NOT involving moral turpitude.

 

[vl2k4]

Thanks for a helpfull post. We went to a good imm lawyer and he told us to go to criminal lawyer and try to change court descision. This is the only chance we have and this is where we are right now. If you'll get some time to find that phone number, it would be really great.

Thanks again,
Vl2k4

 

[rj116]

Thanks for a helpfull post. We went to a good imm lawyer and he told us to go to criminal lawyer and try to change court descision. This is the only chance we have and this is where we are right now. If you'll get some time to find that phone number, it would be really great.

Thanks again,
Vl2k4

call 800-898-7180
Advice, Do not talk to any representatvie and do not give your A number to anyone.
Choose appropriate option to find out.
If you do not mind, can you post your experiences after you reduce your charges/sentence.
thanks

 

[johndoe]

Hi. Someone close to me has done something really wrong. She was under emotional trama and did not think straight. She got caught stealing over $400 worth of stuff. However, the lawyer was able to decrease the sentence to one year of house arrest and he changed it to a misdeamor (sorry). Also, the court said something about in saying she was guilty of the crime on her file. Something about her not being guilty or innocent. Is she capable of being deported and can she ever return to the U.S. if it happens?
Thank you for your time.