"Aggravated Felon" vs. Prosecutorial Discretion

[Dcarito13]

I reside in georgia and was brought to the USA 16 years ago I finished elementary, middle, and high school and was accepted to a nursing program. I came as a tourist overstayed and then later on married an american citizen back in 06. I received my temporary green card and meanwhile i was wating to remove conditions I committed a misdemeanor, which was classified as moral turpitude; I was sentenced 12 month probation along with community service. I was later was served with NTA and have been in limbo since June 2011. My misdemeanor is for theft under conversion with an amount less than $500. I have been researching about the guideline of Prosecutorial Discretion and I fit in all the guideline. My question is what DHS consider a high risk threat? I do not pose a threat at all this happened back in 09 and due to the lack of judgment from my lawyer at the time I took a plea that i was not aware it will ruin my life. I do not have any other crime record at all and I have court next month. I went back to the county court to modified my probation time but it was denied and the other option I have is to try to plea for Prosecutorial discretion. I need help I have been in immigration court twice and I hate everybody looks at me as i have killed somebody. I do not know if somebody is going through the same problem or is more experience in this type of case. Any input will be helpful!

[T53147]

You really need an experience immigration law attorney. IMO, no forum is going to give you adequate advice.

[Mr. Knowitall]

Share enough facts so we can understand what's going on or, as suggested, consult an immigration lawyer. You seem to be telling us that your crime cannot fall under the petty offense exception, but we have no relevant facts upon which to assess or discuss that issue.

[Dcarito13]

I thought my crime would fall under a petty offense since it is the only offense i have and also it was a misdemeanor. I have a lawyer and well he is saying that i should be able to ask for prosecutorial discretion since i am not a high risk threat and because i do fit all the other guidelines. I am scared immigration court is a really horrible place and i know i cannot run from it i wanted to ask for input in regards the new reform. I currently have my temporary green card so it is not like i am an illegal and i do pay my taxes and because of something minor that happened when i was younger i feel like there should be a way out.

[thereishope]

My mom met and married an American Citizen back in 1970's and took all
of us her children (5 kids) to the USA with him. I was two years old back then, grew up, went to
college, all this time I thought I was an American Citizen until I made a mistake
and commited a felony and was deported for life from the US. My three kids are
all american citizens, born and raised in the US. Can they petition for me?
Not to mention, my "unknown" biological father was a navy and left my mom when she
was pregnant with me so even though I stand and look like an American, talk like
one, my paper does not say it.
I need your help, what can I do to re enter the US? All my family are citizens
except for me.

[T53147]

You need to consult an attorney. US citizen children are can only petition for a parent once they are 21; however, your deportation for life due to commission of a felony makes it very unlikely that you can ever reenter the US. You also have the additional problem that you at some time (voting or employment certifications) have likely held yourself out to be a citizen. This is also a very serious issue. As you have discovered, there is no sympathy in US immigration policy for convicted felons.

Realistically, you need to make your life in your country of birth or elsewhere if your criminal history does not make you ineligible there as well.

[Dcarito13]

@thereishope what was your felony for?? i recently went to court and now that the ice officials have to revised every case maybe there is a way that you can be petition to come back. There is hope!