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?

**uniteafamily** · 10-01-2008, 10:54 AM

Quoting cyjeff

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?

That is true. Why would it be water under the bridge? time period?

That's too bad there seems to be no chance for a pardon. I will still try - can't sitl idle and not do anything that could potentially help.

I have lived with him in his country, but we could not financially make things work for the whole family. He's from a "third world" country, jobs are tough to find, and water is scarce.