Reentry After Pardon/Clemency of Aggravated Felony

**uniteafamily** · 09-30-2008, 07:02 PM

Hello,
My Fiance was deported about 7 years ago. He was a permanent resident at the time, lived in the US 12 years. He served 2 years in jail and was deported at the young age of 24. While he was in proceedings for his crime, which he plead guilty to, I had our child, now 8 years old. I am in the process of applying for a pardon. Best case scenario we get the pardon; then what? worst case - what are our options? Not only does his child need her dad, but he has an elderly mother who needs him, these are our extenuating circumstances.

I thank you for your time and attention.

MA

**cyjeff** · 09-30-2008, 07:39 PM

Good luck with the pardon.

**uniteafamily** · 10-01-2008, 07:13 AM

Hi Jeff,

Have you ever heard of something like this happening? what is the probability?

Thanks!

**cyjeff** · 10-01-2008, 09:19 AM

You haven't mentioned what the felony is.

I give a pardon petition in this case almost no chance.

**uniteafamily** · 10-01-2008, 10:18 AM

The crime was assault with a dangerous weapon. In the state of Massachusetts. For lack of a better plan he felt the need to plead guilty. I believe we were ill advised by our hired lawyer at the time. In fact, after he was sentenced for 2 years I was told (by his lawyer) something to the effect that if his sentence had been shortened to a certain amount (I forgot what that is..) that he could not be deported. This is interesting - is this true? if so, is there a way to get a sentence shortened (even though its already been served)?

**cyjeff** · 10-01-2008, 10:40 AM

Quoting uniteafamily

The crime was assault with a dangerous weapon. In the state of Massachusetts. For lack of a better plan he felt the need to plead guilty. I believe we were ill advised by our hired lawyer at the time. In fact, after he was sentenced for 2 years I was told (by his lawyer) something to the effect that if his sentence had been shortened to a certain amount (I forgot what that is..) that he could not be deported. This is interesting - is this true? if so, is there a way to get a sentence shortened (even though its already been served)?

The lawyer was probably talking about bargaining the felony down to a misdemeanor.

Water under the bridge, I am afraid.

Assault with a dangerous weapon does not have a very good chance at pardon or expungement. Like none.

Have you thought about living with him?