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  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Exclamation Detained by Immigration

    NEW YORK
    my son was served a immigration detainer and is being held pending investigation :
    He has been GC holder since December 2005 although we applied in 2001 for it the INS lost the application:
    He was found guilty of a petty larceny charge - a crime of moral turpitude and this triggered the detainer:
    He violated probation and instead of remaining on probation they gave him 365 days weekends in jail and he went in for the first two days and that when they held him:
    The immigration says he has a good chance of avoiding deportation as he was charged with a petty larceny charge BUT as I read it right they only count the first 5 years of LPR from the date the card was issued and not the date of application although they lost his file therefore the 5 years is not up until next December 2010 so he falls in the within 5 years category but has lived here since 2000 more than 7 years;
    I have no clue here what to think......the court messed up and did not class this as a youthful offender which we were told it was and that's why it surfaced...we also were not told of any immigration consequences by any judge by admitting to anything..help advice please!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Detained by Immigration

    Do not try to sort this out yourself.

    You need to secure the services of an immigration attorney.

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Detained by Immigration

    I am getting a immigration attourney monday...does it mean that because he is detained - served a detainer that he will not be released at all even if they think they have a case for deportation?
    I thought one was allowed one strike of a crime of moral turpitude under the petty offense rule?
    can they release someone without bail?
    they are holding him becuase they say he was out of status during 2001 for a period of about 9 months - he was 11 years old and that was my fault not his, and also beacuse they have a conviction for petty larceny on file for him where I thought it was a youthful offender status and apparently was not....I need advice here;
    He has been here since 2000 over 7 years and a LPR since december 2005

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Detained by Immigration

    I need advice here
    And I gave it to you.

    ATTORNEY. You need the advice of a trained professional, and all of the resources s/he can bring to bear.

    The situation you're describing is too complex for strangers on the internet to make guesses at. It would be irresponsible of us to even try.

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