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Wife has been detained for deportation for pretrial case

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  • 06-24-2006, 11:35 AM
    Aquafina
    Wife has been detained for deportation for pretrial case
    My wife has been detained for deportation. She agreed to enter into a Pretrial Diversion Program for theft & RSP.

    Long Story short, I took full responsibility for this matter and plead guilty and sentenced 1 year probation. Afterwards, to end the case she decided to enter into this program and have it dismissed a year later.

    When she went to her first appointment with the probation officer assigned to supervise her case, she was detained by the immigration directly from her office!

    The charging documents are accusing her of being CONVICTED and is subject for deportation for Moral Torpitude.

    I have hired an attorney, but am doind research on this matter my self. If any one can help me or advise me of any options, I would appreciate it! I need to know if and how this pre-trail program which she has never pleaded guilty to, or admited guilt, is or can be considerd a conviction for immigration law. Please HELP!
  • 06-24-2006, 02:03 PM
    aaron
    Re: Wife has been detained for deportation for pretrial case
    Even if she did not plead guilty, did she admit to facts which constitute the offense?
  • 06-24-2006, 06:11 PM
    AQUAFINA2
    Re: Wife has been detained for deportation for pretrial case
    aaron,

    I entered the wrong email address and lost my password. I have re-registered to post this reply.

    She never admited guilt. She can not read in english to good and only speaks enough to understand the commonly used words. She dose not understand legal terms at all. She was never directly in front of a judge nor has any one from the court ever on the record warned her that by entering into this program, she is subject to deportation. She signed a document which the attorney prepared and told her to sign. I was not present when she signed nor was a translator!

    She has a heart condition that the local court is aware of. It was reccomended by our lawyer that this would be the best because it can be dismissed and expunged from her record.
  • 06-25-2006, 06:27 AM
    aaron
    Re: Wife has been detained for deportation for pretrial case
    If she admitted to facts which constitute the offense, the USCIS can treat that as if it were a conviction. Without knowing what happened or what was signed, I can't really say more.
  • 06-27-2006, 05:39 AM
    AQUAFINA2
    Re: Wife has been detained for deportation for pretrial case
    The Facts Are Simple. She Has A Heart Condition Which Limits Her Capability To Lift Heavey Things And Limits Her Movements. I Took Full Responsibility For This Case Anyway...

    She Pleaded Not Guilty In The Past, Which Shows On The Court Record. Can The Immigration Be So Serious With A Lpr That Has A Heart Condition And Hold Her Without Bond?

    She Was Released From The Criminal Case On $100.00 Bond!!!, And Went Back To Court (out Of State) For That! She Could Have Ditched That Court And Never Went Back, And Under State Law They Would Have Waited Years To Catch Her! This Is Very Frustrating Because Had We Known This Would Happen, We Would Have Kept On Requesting A Continuence Until We Reduced The Charges To Misdeminors
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