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  1. #1

    Unhappy Legal Re-Entry to Us After Deportation for Robbery Second Degree to Be Treated As 3rd

    I write to you to consult with you my husbands’ current deportation matter.


    My husband was a Resident Alien and back in January of 1998 was sentenced to 5 yrs probation for Robbery 2nd degree to be treated as 3rd. While intoxicated he stole a pizza pie at knife point back in January 11, 1997. He served 3 years of incarceration on & off. At the time he was charged with this offense his lawyer did not disclose to him that if he pleaded guilty to this charge he could be ordered removed from the U.S. When he was released he never was taken before an Immigration judge. Therefore he was unaware of the pending Immigration matter.

    In 2004 we traveled to Spain on vacation. Upon arrival at the Airport he was held by immigration and informed he had to see an immigration judge. He went before a judge was supposed to go back but never did out of fear of being deported. On August 2, 2005 a Deportation Order was given. A warrant for his arrest was issued.

    He was pulled over while driving and was detained by Immigration. He is currently awaiting removal procedures at a Correctional Facility. Is there anything that can be done to get him to stay? Can we apply for a waiver? (212H) What are the chances of the waiver being approved? If deportation cannot be avoided is there a way for him to legally come back to the US in the future.

    I am a US Citizen and we were married in September of 2008 and have an 8 month old daughter. His deportation will cause a financial harship for me. His parents are also citizens. I thank you for any information you can provide me.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Legal Re-Entry to Us After Deportation for Robbery Second Degree to Be Treated As

    Although sentenced to probation, "He served 3 years of incarceration on & off" - so on top of his robbery conviction, he has additional offenses or, at a minimum, a pattern of probation violations. And now he's been deported as an aggravated felon?

    I would say he has next to no chance of avoiding deportation or being allowed back into the U.S.

    He should have been working with an immigration lawyer back when all this began. As it stands, he can consult an immigration lawyer; perhaps upon review of the details of the case a lawyer may find a ray of sunshine for him.

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