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Will Felony Embezzlement Cause Deportation

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  • 06-30-2010, 02:22 PM
    AFVA
    Will Felony Embezzlement Cause Deportation
    Hey,
    I have been in the country with a green card for a little bit over a 4 yrs. I have plead guilty to a Felony Embezzlement (VA18.2-111) for $7500.00. I was sentenced to 5 Yrs of suspended jail time and a year of probation. I paid $5000.00 and the rest of the $2500 in restitution plan over the period of my probation.

    I have few questions :

    1) Will I be deported ?
    2) If, Yes what is the process ?
    3) Will ICE just come pick me up or do i get a notice to appear ?
    4) If, Yes will they do it anytime or they will wait till the restitution is paid in full ?
    5) And is this in any way preventable ?
    6) Can i fight the deportation with my family hardship ?.
    7) I am getting married to a Green Card Holder, and she is eligible for citizenship, will me marring her cause any problem for her citizenship ?

    Thanks in advance.
  • 06-30-2010, 02:32 PM
    Dogmatique
    Re: Felony Embezzlement
    You need to speak with an experienced immigration attorney - a felony conviction often paves the way to a deportation hearing.
  • 06-30-2010, 02:41 PM
    AFVA
    Re: Felony Embezzlement
    I have tried to talk with several of them no one would give me a straight answer and they are all different.
  • 06-30-2010, 08:06 PM
    T53147
    Re: Felony Embezzlement
    Processing depends on jurisdiction. In my area, you would be in the county jail waiting for ICE to pick you up.

    Your plan to marry a GC holder (even if she becomes a citizen) is likely to do little for you because there is little way she can show hardship - unless lack of common sense for marrying a felon is a disability. You are marrying only to attempt to obtain an immigration benefit otherwise you would be married by now.
  • 07-16-2010, 10:08 AM
    medcoder&bill
    Re: Will Felony Embezzlement Cause Deportation
    You have a green card why will you be deported? It is not like you embezzled millions? Or else you won't pay the fine of only $7000. Isn't green cards permanent? Or does it also have expiration dates? So maybe that's why you are afraid they won't renew your green card status coz of felony case. Most likely.
  • 07-16-2010, 10:24 AM
    LawResearcherMissy
    Re: Will Felony Embezzlement Cause Deportation
    Quote:

    You have a green card why will you be deported?
    Because Green Card holders are still GUESTS in the United States, and are expected to abide by certain "house rules", if you will. Chief among them? "Don't commit crimes, or we'll bounce you out on your ass."

    For bonus points, the sort of felony our OP has committed is an aggravated felony, which means if he's bounced out, he cannot EVER come back. Even if he's married to a citizen.
  • 07-16-2010, 11:04 AM
    Dogmatique
    Re: Will Felony Embezzlement Cause Deportation
    Quote:

    Quoting medcoder&bill
    View Post
    You have a green card why will you be deported? It is not like you embezzled millions? Or else you won't pay the fine of only $7000. Isn't green cards permanent? Or does it also have expiration dates? So maybe that's why you are afraid they won't renew your green card status coz of felony case. Most likely.



    PLEASE STOP POSTING unless you actually KNOW of what you speak.
  • 07-16-2010, 11:15 AM
    medcoder&bill
    Re: Will Felony Embezzlement Cause Deportation
    STOP TELLING ME WHAT TO DO! I have a right to post what I want in here. Geez. I am not saying my posts are LEGALLY right, I am just posting my opinion. Unless it is the OP that thinks my reply is not helpful, I will post what I like. You don't have a right to tell what i can/can't do. Ignore my posts. I usually ignore flamer posters like you I suggest you the same. Gosh. I'm really annoyed of your nerve to tell me that.
  • 07-16-2010, 11:32 AM
    Dogmatique
    Re: Will Felony Embezzlement Cause Deportation
    Quote:

    Quoting medcoder&bill
    View Post
    STOP TELLING ME WHAT TO DO! I have a right to post what I want in here. Geez. I am not saying my posts are LEGALLY right, I am just posting my opinion. Unless it is the OP that thinks my reply is not helpful, I will post what I like. You don't have a right to tell what i can/can't do. Ignore my posts. I usually ignore flamer posters like you I suggest you the same. Gosh. I'm really annoyed of your nerve to tell me that.



    Here's the deal.

    This forum is NOT about uninformed opinions.

    It IS about legalities.

    Frankly I don't care if you're annoyed - if anything that's a good thing because it shows that you do care.

    And if you do care about helping people, you'll agree with me that you should not answer someone's legal question unless you actually have legal information to give them.

    Because otherwise it won't help them at all - and you want to help, right?

    If you continue with inaccurate information you won't be here long. Sorry, but them's the rules.
  • 07-16-2010, 11:36 AM
    Moderator
    Re: Will Felony Embezzlement Cause Deportation
    Quote:

    I have a right to post what I want in here.
    Actually, you do not. You are on private property, governed by the rules made by the forum owner.

    If you are unable to provide accurate information, don't post.

    This is your ONLY warning.
  • 07-20-2010, 07:07 AM
    AFVA
    Re: Will Felony Embezzlement Cause Deportation
    Quote:

    Quoting LawResearcherMissy
    View Post
    Because Green Card holders are still GUESTS in the United States, and are expected to abide by certain "house rules", if you will. Chief among them? "Don't commit crimes, or we'll bounce you out on your ass."

    For bonus points, the sort of felony our OP has committed is an aggravated felony, which means if he's bounced out, he cannot EVER come back. Even if he's married to a citizen.

    I have talked with an immigration lawyer and he has told me that i will be able to return in 10 years. He is in a process of sending me a legal opinion. Can someone please advise me on this issue.

    Thanks
  • 07-27-2010, 02:36 PM
    Raj Patel
    Re: Will Felony Embezzlement Cause Deportation
    You should probably contact an attorney.
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