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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 05-24-2008, 06:40 AM
capnet capnet is offline
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Default 18 year old, has resident status but now a felon

My son is 18 and has lived here in the USA since he was 2 he is a legal resident w/ a green card good for 8 more years before renewal. He was charged with a felony theft of a vehicle and given probation and now he is in jail charged with anothe count of the same thing. Happened over a year ago during the same time frame as the first but now they have evidence.
He has been trying to turn his life around and was doing better. Will they deport him now for this?
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Old 05-24-2008, 09:08 AM
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What state is he in? In California VC §10851 (vehicle theft) is not necessarily an aggravated felony (AF). AFs result in mandatory removal. In CA, VC 10851 may not even be a theft crime depending on how charged.

However, in CA it is a CMT (crime of moral turpitude) if the intent was to permanently deprive the vehicle (not just borrow). And two CMTs result in removal, although he might be able to get Cancellation of Removal
http://www.prisontalk.com/forums/showthread.php?p=2673475

Really, he has gotten himself into a VERY precarious situation and needs a 1st class immigration attorney to coordinate with his criminal attorney so that what exactly he pleads guilty to will not put him at risk of removal. But there is some hope, depending on what state he is in.

Last edited by MDawg; 05-24-2008 at 09:14 AM..
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Old 05-24-2008, 01:49 PM
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Why does everything depend on the state you are in? State to state is different. So if you live in one state you might not be deported and in another you will be.?
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Old 05-24-2008, 05:10 PM
capnet capnet is offline
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He is in Il and we cannot afford an attorney he has a public defender
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Old 05-26-2008, 10:29 AM
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Call an immigration attorney and ask to meet with them. Most lawyers will do a free one hour consultation. Make a good list of what things you want to ask so that you stay on track. Also put on your list three questions, do they do pro-bono work? Who would they recommend that does pro-bono work? Can they help you out, if you are willing to do 90% of the research?

Even if the lawyer charges you $250 to answer your questions, you will be more informed and better able to help out your son.
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