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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 12-26-2012, 12:28 PM
Niki88India Niki88India is offline
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Question Really Scared and Don't Know What Will Happen

My boyfriend has been in the United States for almost 3 years and is originally from India. He is here on a student visa and has had no previous criminal records. He got arrested for a Class C Felony for theft in September and in his final court hearing in October they sentenced him with unsupervised probation and restitution fees payable each month. After this had happened, he also had a problem with the college he was attending as he had violated their rules and it had happened on campus. Their decision was to suspend him for 2 semesters and could late reapply in Summer 2013 semester. He tried to appeal this, but it did not work. They did not give us any notification that his VISA had been terminated.

Last Wednesday the immigration department came to our apartment to arrest him for being illegal, having a criminal record, and not having a working VISA as it was terminated to to his suspension. His options are to get released (highly unlikely), voluntary deportation, or deportation when he sees the judge after getting transported later this week. The immigration officer came to see him in jail last Friday and told him that if we were serious we could get married in jail. He made it sound like it would be easy to do and that all of this deportation stuff would go away and he would be able to stay in the States. I have been dating my boyfriend for 2 years in 1 week. I have wanted to marry him for the past year and I would like to keep him in the country. We both talked about the option of marriage and we both want to. I love him and don't want to see him get deported.

My question is if I got an immigration lawyer or a marriage lawyer (which I am in the process of) would it be easy to get married to him and would he be able to stay here without getting deported if we did get married?
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  #2  
Old 12-26-2012, 04:03 PM
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I am sorry for all that you are going through. Welcome to PTO and the immigration forum we are all here to support and help each other through the immigration process. We are all in different stages and all have different stories but we all need a place to vent, rant, ask questions, and seek support....and this forum is the place!!!

to answer your question no getting married will not help him be able to stay in the US.
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Old 12-27-2012, 12:02 AM
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Quote:
Originally Posted by negretelove View Post
I am sorry for all that you are going through. Welcome to PTO and the immigration forum we are all here to support and help each other through the immigration process. We are all in different stages and all have different stories but we all need a place to vent, rant, ask questions, and seek support....and this forum is the place!!!

to answer your question no getting married will not help him be able to stay in the US.

Then why do all the lawyers and even the immigration officers tell us that is an option to help him? they made it sound like he could get a green card and be able to stay. from what I know from my boyfriend and other foreign friends, when you get married you get a green card which helps tremendously when they want to get a job or stay in the U.S. to me it just sounded like once you get that you will have no problems with immigration.

i just really want to be with him and i don't know what i can do that would help him the most or if he HAD to get deported how i could get it for a less amount of time (voluntary deportation)?

Last edited by Niki88India; 12-27-2012 at 12:05 AM.. Reason: want to add in a sentance
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Old 12-27-2012, 12:17 AM
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I'm not sure what a class c felony is; but if its a felony he'll get deported.
Friend of mine. Her son came from a different country and became legal; he too married a u.s. citizen, but he received felonies and got deported back yo his country.

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Last edited by S.o.A.Fan; 12-27-2012 at 12:18 AM..
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Old 12-27-2012, 01:08 AM
Niki88India Niki88India is offline
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I'm not sure what a class c felony is; but if its a felony he'll get deported.
Friend of mine. Her son came from a different country and became legal; he too married a u.s. citizen, but he received felonies and got deported back yo his country.

Sons of Anarchy Fan! That program rocks!!! Sent by: HD Sunshine Smartphone

A Class C Felony for theft just means that the items he stole were over $1000 because it it is below then it is a Class B. This was his original charge though, but the court brought it down to a misdemeanor which only stays on your record a year and is not considered a felony anymore.
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Old 12-27-2012, 02:06 AM
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Quote:
Originally Posted by Niki88India

A Class C Felony for theft just means that the items he stole were over $1000 because it it is below then it is a Class B. This was his original charge though, but the court brought it down to a misdemeanor which only stays on your record a year and is not considered a felony anymore.
I see. That part was left out in your thread. If your this concerned have you tried surfing the net for info or speaking to a immigration lawyer tor a free consult?

P.s. thanx for the history lesson.

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Last edited by S.o.A.Fan; 12-27-2012 at 02:08 AM..
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Old 12-27-2012, 09:30 AM
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even though it was dropped to a misdemeanor it may still fall under the CMT.
http://www.ncids.org/other%20manuals...hapter%203.pdf

as far as attys and immigration telling you to get married that is ridiculous...no, an immigrant does not automatically get a green card when they get married. applying for a green card can take months to years and is expensive.
if he did not have the criminal record and just had the overstayed visa getting married and filing certain forms would have helped...but now that he has a criminal record and is already in ICE custody getting married to keep him in the US is highly unlikely.
And a side note if you 2 do get married and some how he manages to stay in the US legally if he gets in trouble again with an AF or CMT he will be deported and his green card taken away.

Please research before you make any life changing decisions.
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Old 12-27-2012, 11:59 AM
Niki88India Niki88India is offline
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Quote:
Originally Posted by S.o.A.Fan View Post
I see. That part was left out in your thread. If your this concerned have you tried surfing the net for info or speaking to a immigration lawyer tor a free consult?

P.s. thanx for the history lesson.

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I have sent his criminal record to a few people, but no response yet. I found this site thinking someone may be going through or went through something similar. i have surfed the net a lot and it helps me understand the process he is going through but not much on what i can do to help.

what do you mean by history lesson?
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Old 12-27-2012, 12:10 PM
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Quote:
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even though it was dropped to a misdemeanor it may still fall under the CMT.


as far as attys and immigration telling you to get married that is ridiculous...no, an immigrant does not automatically get a green card when they get married. applying for a green card can take months to years and is expensive.
if he did not have the criminal record and just had the overstayed visa getting married and filing certain forms would have helped...but now that he has a criminal record and is already in ICE custody getting married to keep him in the US is highly unlikely.
And a side note if you 2 do get married and some how he manages to stay in the US legally if he gets in trouble again with an AF or CMT he will be deported and his green card taken away.

Please research before you make any life changing decisions.

he didn't overstay his VISA .. it got terminated because of his suspension from school, but we were not notified of this which can help our case! also a misdemeanor goes off of your record after a year if all the fees are given along with not getting into any more trouble with the law.
if the lawyer ever calls back i will ask her all these questions, but from what i know and have read i believe that his offense will go off in a year regardless of if he is deported or not. this has been his first offense also and what i got from your link it would be considered a petty offense.
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Old 12-27-2012, 12:42 PM
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well if he had just overstayed the visa and had no criminal record then yes getting married could possibly help the situation.

the fact that his visa was terminated because he failed his responsibilities and he did not report that info to homeland security does not look good for him. ICE notified him the day they went to your apt to get him...when he obtained the visa he knew what his responsibilities were and I am sure signed papers stating if there was a change he would notify homeland security of this.

ICE does not look at felonies and misdemeanors the same way the state does. He committed at the very least a CMT on top of failing to notify homeland security he was suspended from school while on a student visa.

do you have the PC number he was convicted of that would help alot in knowing whether or not it is a deportable offense?
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Old 12-27-2012, 02:04 PM
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Quote:
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well if he had just overstayed the visa and had no criminal record then yes getting married could possibly help the situation.

the fact that his visa was terminated because he failed his responsibilities and he did not report that info to homeland security does not look good for him. ICE notified him the day they went to your apt to get him...when he obtained the visa he knew what his responsibilities were and I am sure signed papers stating if there was a change he would notify homeland security of this.

ICE does not look at felonies and misdemeanors the same way the state does. He committed at the very least a CMT on top of failing to notify homeland security he was suspended from school while on a student visa.

do you have the PC number he was convicted of that would help alot in knowing whether or not it is a deportable offense?
I get why it would be worse, but he had no idea it was terminated or i'm sure he would have notified them right away and figured out something with them.

where would i find the "PC number"? i have all of his papers with me but i'm not sure what to look for?
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Old 12-27-2012, 02:24 PM
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look on the court minutes it should state the pc number he was convicted of
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Old 12-27-2012, 02:32 PM
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immigration court and issues suck...there is very little wiggle room and it is all very un-predictable. no 2 cases are ever handled the same...and if you do not understand the system many people from agents to attys will take advantage.

because of his conviction i urge you to seek a criminal-immigration atty
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Old 12-27-2012, 07:30 PM
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Quote:
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look on the court minutes it should state the pc number he was convicted of
i have his criminal records and no other paperwork with any numbers. but i have no papers from immigration to look at his conviction for what he is in jail for now.

thanks for all your help and i found a lawyer close to where he got transferred today so i'm hoping it works out for the good!
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Old 12-27-2012, 07:34 PM
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i also just wanted to add that the lawyer told me that since the public defender did not say pleading guilty to his criminal case would effect his immigration status we could go back to court. he would have to go back to a felony charge, but since he wasn't notified we could possibly change the outcome. if he didn't do this and kept his misdemeanor he may have an easier chance of coming back to the united states if he is deported.
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Old 12-30-2012, 11:55 PM
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It's actually good that he did not already have a green card because there is a small loophole in the 212(h) waiver. It is difficult though. This is where you get married and you have to show it would be an extreme hardship to YOU (the US citizen) for him to be deported. Talk to a lawyer about the options. I got quotes of anywhere from $5,000-10,000 to help with that. Unfortunately our case is much more complicated. But for us the hardships would be psychological damage to me and that if I had to move to his country it would destroy my business and my kids education and possibly their health (one of my kids is a two-time cancer survivor).

Yes you may lose and wind up wasting money on a lawyer, but you may have a chance. I've done a LOT of homework and I know our chances are small but I'd rather take the risk and know I tried everything than to lose the love of my life because he was young and stupid and committed a crime he has no intention of ever repeating.

The other thing to consider is if he is voluntarily deported his chances of being able to come back are slightly better than if the government deports him.
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Old 12-31-2012, 09:30 AM
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The other thing to consider is if he is voluntarily deported his chances of being able to come back are slightly better than if the government deports him.

There is no voluntary deportation/departure for someone with a criminal record. It is called Stipulated Removal and yes with the Stipulated Removal there is a better chance at qualifying or getting approved to come to come back legally.

I encourage you to seek the advice of a criminal-immigration atty.
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