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  1. #1
    Join Date
    Feb 2008
    Posts
    11

    Default Jail Time And Deportation

    CA
    first offence/ permanent resident
    next week i will be accepthing a plea bargain, for grand theft
    disposition is going to be
    3 years probation
    180(lid) jail weekend time most likely work release
    restitution of $5400
    and 1 felony

    due to the fact i did the mistake of hiring a regular lawyer,
    i still have a few questions
    i had a interview with the Probation Dept, which quite frankly they where nice people,
    My question is that my attorney told me i would only do the most is 120 days, since im not working everyone is suggesting that i just do straight time and get off even earlier, but im kind of scare of ICE,

    would i be running a big risk of deportation, if i decide to turn my self in to do straight time?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Jail Time And Deportation

    Consult an immigration lawyer before you complete your plea bargain. To me it sounds like this deal will probably make you deportable. (Straight time has nothing to do with it - it's a question of the maximum possible sentence under the conviction charge.)

    What specific statute will you be pleading guilty to having violated?

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Jail Time And Deportation

    The felony charge alone makes it a deportable offense and you will not be legally allowed to re-enter the states for a while.

  4. #4
    Join Date
    Feb 2008
    Posts
    11

    Default Re: Jail Time And Deportation

    i forgot that its not the accepting the plea agreement, its actually the sentencing I'm going to, i already accepted the plea, last month
    the crime involved a white collar crime, embezzlement,
    with restitution 5400, we beg to the DA to reduce it to a misdemeanor,
    with a check in hand but he didn't want to, my attorney pissed off told me to screwed them pay in payments small
    I talked to a immigration attorney, and yes i could be reported just cause of the felony, and advise me stay free and to stick to the community service, and stay away from ICE, i Have 3 years left on my green card,
    and if they don't get me now reapplying triggers everything,
    and he also told me something that shocked me, i asked him about my debt credit cards student loans over 40,000, he told me that the loan company are always at a lost when this happens uscis doesn't care and still kick you out, he also said not to get a expungement, to get it reduced to a misdemeanor,
    Well folks i don't know what to say, i guess the man upstairs has a different direction for me, things happen 4 a reason,

    I want to do things by the books, if get put on ice hold can i get voluntary deportation? i dont want to be bar from ever coming back
    if i could get thru this ordeal with paying my dues and fees to the people i have hurt, and give me sometime to tied some ends out here, without just getting grab and kick out i will be happy

    i just obtain my degree in Business Administration, i have just been researching the north America corporations that have to move to mexico
    and by the way it looks there is quite a few, i dont remember mexico,
    although my parents have a 3800 sq.ft home out there, i want to move to the beach front locations, early vacation i guess

    Does anyone have or know of any cases that are similar to mines that have won after having a green card denial Because of one conviction?

    my attorney told me that after 2 years i could get the charge dropped to a misdemeanor

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