Deportation issue

I'm a soldier in the U.S Army.My wife was convicted of shoplifing and given four years probation.During the time of probation she was with the same person and the person shoplifted again.We went to court and due to the fact I was moving out of the state I told her to plead guilty.We have an 8 month old baby and she is incarcerated with a felony charge.I'm getting ready to go to Iraq for a second tour.I don't have anyone to leave my baby with and the Army is saying I have to get out.What can I do to get her not depoted.I tried all day to get an attorny today but they all say it is hopeless.I know it is not.Can anyone please help me with some detailed advice or attorney who can represent in Georgia.

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Quoting Army GI

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I'm a soldier in the U.S Army.My wife was convicted of shoplifing and given four years probation.During the time of probation she was with the same person and the person shoplifted again.We went to court and due to the fact I was moving out of the state I told her to plead guilty.We have an 8 month old baby and she is incarcerated with a felony charge.I'm getting ready to go to Iraq for a second tour.I don't have anyone to leave my baby with and the Army is saying I have to get out.What can I do to get her not depoted.I tried all day to get an attorny today but they all say it is hopeless.I know it is not.Can anyone please help me with some detailed advice or attorney who can represent in Georgia.

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Where is your wife from?
Does she have a Green Card?
Why did you tell her to plead guilty?
Did she have an attorney or public defender?
How long does she have to serve on this sentence?
Have they begun deportaiton procedings?
It sounds ike your best bet is to either get a hardship discharge or emergency leave.

My wife is from Pamama she does have a green card.I told her to plead guilty because of the public defenders advice that the judge my be leniant since I was relocating from Georgia and am military.They gave her a 2 year sentence and the deportatin has not yet started.Does this happen immeadiatly after her realease?

They may initiate deportation proceedings before her release. It would be sensible to consult an immigration lawyer.

You know this whole thing is actually my fault since I'm in the Army and had to Travel form Texs to Georgia and had just got to my unit.I nwas the one that actually told her to plead guilty since being military and going to court they are always leniant with you.The thing is that the court appontied lawyer never told us about an appeal and every imigration lawyer is telling me they can't do anything.This is hard to believe since we have people who have commited worse crimes and are still in the United States.Can evreryone reading these tread help be please I'm getting ready to go to Iraq and my daughter of 8 months is who is going to suffer.

Quote:

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Quoting Army GI

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You know this whole thing is actually my fault since I'm in the Army and had to Travel form Texs to Georgia and had just got to my unit.I nwas the one that actually told her to plead guilty since being military and going to court they are always leniant with you.The thing is that the court appontied lawyer never told us about an appeal and every imigration lawyer is telling me they can't do anything.This is hard to believe since we have people who have commited worse crimes and are still in the United States.Can evreryone reading these tread help be please I'm getting ready to go to Iraq and my daughter of 8 months is who is going to suffer.

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About the only thing you can do is to ask for a hardship discharge or find a relative to be her guardian while you are deployed and you should have already had that in your family plan. The SSCRA won't help in criminal matters. The other thing you will have to consider is contacting your congress member or senator's office and see if they can intervene, it may be possible to get some sort of appeal based on ineffictive counsel. You will also want to get a custody order for your child in case she is deported.

What is the SSCRA.

http://usmilitary.about.com/od/sscra/l/blsscra.htm