How do people get caught for deportation by immigration?

 If you are in criminal custody, you may be turned you over to immigration. If you apply to renew your Green Card and have a criminal conviction, immigration will learn of the criminal conviction once they take your fingerprints.  When you apply for citizenship and you have a criminal conviction, immigration will be notified.  If you travel […]

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I am a Green Card holder but I have been convicted of a crime, will I get deported?

 Deportation on a criminal conviction will depend on the conviction.  Drug offences, theft offences, fraud offences, and violent felony generally make you removable from the United States.  Minor offences under criminal law or a conditional discharge may not necessarily equate to immigration purposes. If you are dealing with a pending criminal case, it is very important that […]

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What kind of relief am I eligible for if the crime makes me deportable?

 If you have a Green Card and have been convicted of an aggravated felony after 1996, there is little you can do to stay in the United States to fight for the Green Card aside from making some type of asylum claim.  Under certain circumstances, if you have an aggravated felony with your Green Card obtained in the […]

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What is 212(H) waiver?

 A 212(h) waiver is used for people who have criminal convictions and are inadmissible to the United States.  You have to demonstrate that their denial into the United States would be an extreme hardship to a U.S. citizen or legal resident that is a parent, child, or spouse.  A 212(h) can be done with a Green Card […]

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My Spouse is in criminal custody and ICE has a hold on him, can he get bonded out?

If your spouse is not released from custody, immigration judges do not have the authority to release them on bond.  The likelihood of immigration setting a bond depends on the crime and person’s immigration status.  If your spouse has a conviction after October 9, 1998, where they were sentenced to probation, jail, or any type of punishment where […]

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What happens if he loses his removal hearing?

 If you have a loved one who has lost their removal hearing and they are detained, unfortunately they most likely will be detained until you appeal.  You have 30 days to file a notice of appeal after a judge’s decision or you have lost the case and it’s a final decision by the immigration judge.  Your lawyer […]

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Can I apply for Green Card if I am married to US citizen but I entered to US with a fraudulent Visa?

 Generally, you will be eligible to apply for a Green Card if you have the visa that helped enter the United States, even if it wasn’t yours.  You will have to apply for the Green Card in conjunction with a waiver demonstrating that deportation would be an extreme hardship to your spouse with U.S. citizenship or Green […]

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Can I apply for Green Card if I entered US with fake Visa and my US citizen child is sponsoring me?

 The only people who qualify for a waiver are married to a United States citizen or green card holder, or a parent.  If your only contact that is a United States citizen is your child, you are not going to eligible to apply for a green card.  Although your child might be able to sponsor you by […]

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Immigration wants to deny my case, because I lied about my marital status, what do i do?

If you were not married and your current marriage in the United States is a valid marriage, then you have committed fraud on your visa application. You are eligible for a waiver if you can demonstrate extreme hardship. If you applied for a visitor visa 10 years ago and lied on your application that you were married, immigration […]

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What do I need to prove in order to win a waiver?

 You must demonstrate an extreme hardship to one or all of your qualifying members if you’re not allowed to either enter or stay in the United States.  You must have documentation for all claims of hardship.  You need to demonstrate an extreme hardship to you if your family stays behind and you leave the United States, as […]

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