Criminal Law Murder Conviction and Green Card?

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arsenicangela

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This is a long story, but I need some major advice. My Ex husband is from Turkey. He came to the US in 1997 after serving 2 yrs and 8 months for murder in Turkey. He was originally sentenced to 20 yrs, but his family sold property and paid off the judge, whom then released him early. I met my EX when I was 16 (he was 25) and became pregnant within a few months of meeting him. We had a very emotionally abusive/controlling relationship. Anyhow, we had a son, whom is almost 9 now. My EX and I applied to adjust his residency status and were denied because of his criminal record. We divorced, and he is now remarried to another american woman. They applied again together, and he was again denied due to his record.

My dilemma is this: This man is now suing me for full custody of our son because I moved out of state. What exactly are the chances he has somehow gained a Green Card??? Last I heard, he was denied. But he has been working for a reputable Bank in NC for over a year now, and I'm not sure if he was able to gain some sort of waiver. This issue is detrimental to my custody case.

Any thoughts here? Someone please help! Are there really attornies out there who can convince judges to protect criminal immigrants who even lied on their visa applications to gain access to the US to begin with?
 
So why in the world did you have a baby with someone who had a murder conviction? Not too smart on your part. You just cannot move out of state with a child, there are family court procedures you have to go through.

It is possible he can gain custody, so you might want to hire an attorney, or mak a visitation deal with Dad so he will drop the suit. You have 2 issues-a family law one, and getting an attorney to go after him for immigration fraud.
 
Given your post, I can tell you he would never get a Green Card or waiver. If he tries suing for custody, your lawyer can raise his illegal status here and the child's US citizenship to prevent it. If he is not here legally, he has no legal legs for legal custody...............Your lawyer would know best how to proceed. His prior conviction alone would not let him win. Just get a lawyer as Duranie recommended. Make his illegal status and conviction the center of your rejection.
 
yeah murderer with 20 years sentences... i don't even understand how he got in the USA in the first place... can you tell me how he got here?

I believe his conviction should have made him inadmissible to USA. so I really think you would be fine to keep you child if you have a decent lawyer with you

God bless you
 
To clarify a few things...We were divorced in Ohio and I have full custody of our son, and he has visitation. 3 years ago I moved to SC to be near family and the EX then remarried and moved to NC where his new wife was from. Our original court order was never modified or transfered. When I explained to him that my current husband had lost his job and we needed to move back home for employment, he became irate (somewhat understandably). He began to threaten and harass me over a series of phone calls, also tried to blackmail me with money to give our son to him. He told me that if I tried to move with my son that "things would be bad for me".
I was frightened, as my husband had already moved back to Ohio, so I was alone with no support, with my 4 children. My family finally stepped in, as they were very concerned that things were escalating, and my EX had not returned my son's passport to us. My father called him, and told him that we needed our sons passport back, or visitation would cease until a judge could hear our case. He refused. As I did not have a current address for him in NC, and no passport, I denied him visitation, contacted lawyers, and our local magistrate to explain what was going on, and followed all of their advice: that I needed to get back to Ohio ASAP and contact an attorney. Which is what I did.
I have an attorney, whom does not seem to be worried about the case. The EX has filed for full custody, supervised visitation for me, and contempt of court charges because I denied him his visitation.

It is all sooo very complicated. And to answer Duranie's question...By the time he told me about his murder conviction (remember, i was 16) he was already living in my home. He forbid me from discussing it with any of my family. I found out I was pregnant a few weeks later. As soon as my son was born, he alienated me from my mother whom we were living with. He moved us out, and I became isolated. It was a very emotionally and mentally abusive/controlling relationship. When I decided to end it, he physically assaulted me by kicking me, then grabbing me by the throat and told me he would kill me.

I guess thats why for so many years I have bent over backwards to keep things calm, giving him whatever he wants. Now that I have finally stood up to him, he's pulling out all of his manipulative punches.
 
someone25 said:
yeah murderer with 20 years sentences... i don't even understand how he got in the USA in the first place... can you tell me how he got here?

I believe his conviction should have made him inadmissible to USA. so I really think you would be fine to keep you child if you have a decent lawyer with you

God bless you
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He came here illegally on a tourist visa in 97. He lied on his visa application, saying that he had never committed a felony. INS did not do a backgroundcheck, and he hopped on the next flight over to the USA. Nice huh?
 
someone25 said:
did he lie to you when he was dating you? i think you really will win your case. so dont worry at all
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When he was dating me, he didn't exactly lie...he just didnt tell me at first. HAHA but I was so young and naive at the time, and when I found out I was pregnant, I did what I thought was best...I married him, and hoped for the best. But the emotional/mental/verbal abuse never got better...only worse as time went on. My family had no idea, so they weren't able to help me until now.
 
someone25 said:
how old are you now? well beside legal advice, I think yo ushould consider the child too.
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I am 26 now, and he is 35 i think. My son is my primary concern in all of this and always has been. I did not want to take his father away from him, as he loves him dearly, which is natural. I have put up with so many things all these years, when I should have stood firm and stood up to his father. My son has traveled to Turkey every summer since he was a year old. After we divorced, my EX began sending him with friends, then with an airline chaperone, which REALLY infuriated me. I found out he was sending him with one way tickets, which again really ticked me off. I told him our son must have pre-planned tickets BOTH ways. When my son was 4 my EX sent him for the summer and left him there for over 5 months, until I got so upset that I borrowed money from my family and flew over there to get him back. I should have refused further visits from that point on, but I let his father continue to intimidate me. This past summer, the EX told me he had purchased the "tickets", as in PLURAL, but when I called him to see if our son had arrived to Turkey safely, I asked him about the Return information. He kept him-hawing around it until I figured out that he AGAIN sent him with a one way ticket. My son missed the first day of 2nd grade because the EX and new wife waited to purchase his ticket home. They flew him into NY and then drove the 12 hour trip to SC to drop him off THE NIGHT BEFORE SCHOOL STARTED. GRRRR this guy is a real piece of work. I am glad however, that I have finally had enough, and am standing up for what is RIGHT and not what is EASY. I hope the Judges in our Custody case see the truth
 
You would be fine..............Just furnish your lawyer with all the information..................... I can't see him winning. You would easily win if your lawyer follows my previous advice. You son is a US citizen and your ex is an ex convict(felony), who does not qualify for adjustment of status, gave false information to embassy, he should normally be put on deportation, and the kid can't be taken from the mum under such circumstances, given you both are US citizens. So don't worry.
 
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