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  1. #1
    Join Date
    Dec 2010
    Posts
    5

    Default Arrested but Not Convicted of a Felony

    Im a Lawful Permanent Resident, I was arrested but not convicted of a felony crime. I pled "No Contest" of a charge of Attempt of Theft in Second Degree (Attempt to commit an insurance fraud where the amount involved was $1.600) Judge put me in Probation for 5 years. The crime happened 1 year after I got my 10 year Green Card (Within the first 5 years of being a LPR). Probation is over.
    I left the country 6 times since my plea date and I have never had any issues until last month when I did immigration at the airport. My finger prints popped in the immigration system. The Immigration officer gave me a Hearing date where the judge is going to decide wether Im going to be deported or not. They kept my Green Card and my Passport. I called Toll Free number of USCIS and they told me Im still a LPR.

    My questions are:
    1. Can I be deported for a crime where I was not convicted of???

    2. Will it make any difference if I bring an immigration attorney to represent me at the Hearing?

    3. If I can be deported and there s a decision of deportation, can I appeal??? (I have only one Hardship and is my wife; we don t have kids, I have paid all my court fees and fines, I pay my taxes every year and I have never been involved in any other crimes)

    Thanks

  2. #2
    Join Date
    Jan 2007
    Posts
    1,307

    Default Re: Arrested but Not Convicted of a Felony

    You absolutely need an attorney! You should have consulted both criminal and immigration attorneys at the time of your original arrest.

  3. #3
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Arrested but Not Convicted of a Felony

    Can I use Padilla case??? Criminal lawyer told me to plea No Content.

  4. #4

    Default Re: Arrested but Not Convicted of a Felony

    because it was a felony the judge will still use it against you. they did my husband eventhough charges were dimissed for no evidence. the immigration judge thinks they are the criminal judge and to immigration an alien aka illegal is guilty just because you got arrest for the crime.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,548

    Default Re: Arrested but Not Convicted of a Felony

    Quote Quoting malindaymoises
    View Post
    because it was a felony the judge will still use it against you. they did my husband eventhough charges were dimissed for no evidence. the immigration judge thinks they are the criminal judge and to immigration an alien aka illegal is guilty just because you got arrest for the crime.

    That's absolute hogwash.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Arrested but Not Convicted of a Felony

    My husband is having the same problem. Obviously, there was a conviction if there was a sentence...even if it was just probation. And since it happened within the first 5 years of LPR status there is a stop time rule. So no matter how long you have actually resided in the US. The time stopped with that conviction which could hinder your options of relief. Customs and Border Patrol actually told us that this is how they are catching most people, with the exception of the workplace raids and ICE showing up at your door in the middle of the night....they are catching people at re-entry points. If you have not already attended the deferred inspection appointment, I would definitely recommend you take a deporation attorney with you to the appointment or they will definitely detain you. Unfortunately, just having a wife is not a hardship, they only recognize severe hardships like illnessess, not your everyday financial problems, US children, spouse, etc. Hope this helps!

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,472

    Default Re: Arrested but Not Convicted of a Felony

    Quote Quoting huesco
    View Post
    1. Can I be deported for a crime where I was not convicted of?
    Yes.
    Quote Quoting huesco
    2. Will it make any difference if I bring an immigration attorney to represent me at the Hearing?
    Maybe.
    Quote Quoting huesco
    3. If I can be deported and there s a decision of deportation, can I appeal?
    Yes, but I won't promise you that you would succeed.
    Quote Quoting huesco
    (I have only one Hardship and is my wife; we don t have kids, I have paid all my court fees and fines, I pay my taxes every year and I have never been involved in any other crimes)
    Merely missing a spouse isn't the type of hardship that is sufficient to obtain a waiver. There needs to be more to it than that.
    Quote Quoting huesco
    View Post
    Can I use Padilla case? Criminal lawyer told me to plea No Content.
    Your lawyer knew you were a LPR, not a citizen? You and your lawyer discussed the immigration issues? Your lawyer told you to plead "no contest" because that was the best deal he could obtain, or because he promised it wouldn't impact your immigration status if you entered a "no contest" plea? Is anything on the record in relation to immigration?
    Quote Quoting SealedDeal
    View Post
    Obviously, there was a conviction if there was a sentence...even if it was just probation.
    That's not necessarily correct. It's possible, for example, for a plea to be taken under advisement such that no conviction occurs unless the defendant violates the terms of his deferred sentence. It's also possible for the court to accept the plea but not enter a conviction if the person successfully completes the deferred sentence. I don't know the mechanism for the deferral in the case described above.

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