Notice to new members intending to register - from January 9th 2012

natalieN.Y · #1 03-04-2006, 10:44 PM

Hi i have a question that i thought u might be able to help me with. My son came to the united states at the age of 1year and 4 months. He was raised here. At the age of 15 he started to make a few mistakes and comitted a few misdemeanors. At the age of 19 he was charged with agrivated felony for brekin down his ex girlfriends door while she wasnt home while he was drunk, even though he didnt touch anything. The judge granted him 5 years probation. He violated parole by not showin up for a court date for an other misdemeanor in which he went to go visit his girlfriend on her campus but he was detained for trespassing. For not showin up on that court date he was snetence 1 year of jail time. In which he served in rykers island in NY. He served 8 months and was released on good behavoir, and was transfered to long island to serve his time of 10 days for the trespassing charge. When he finished his jail time they detained him furthermore. After 1 day of waiting we found out that he had an imigration hold. He was in long island for six extra days waiting for immigration to pick him up, and then finally they came and transfered him to a new jersey jail. From new jersey they transefered him to the federal detension center for immigration in Oakdale,Louisianna. The charge they(imigration) said they were holdin him under was moral turpitude. He has been in oakdale for almost 2 months now.
At the first hearing the judge removed his asylum. Now we have a lawyer and the next court hearing we are going to the court to testify why they shouldnt deport him. My husband is a citizen. Me<mother> and my older daughter<23> were told by immigration that we are legal residents of new york, but we havnt got our green card yet.And my 3 younger kids are all citizens of u.s.a./daughter-18/son-16/son-12.
P.s.- if my son is to be deported he will be deported to ex-yugoslavia now montengro which is a very dangerous place for an albanian to be because in the whole town the only albanian will be my son.The whole town is serbians. Serbians disalow the ethnicity of albanians over there and have murdered albanians over the years. This meaning my 21 year old son will be all alone and could wake up dead the next mourning.He does not now one word of serbian.

------My questions are
1-what are the chances of my son not getting deported?
2-Since me and my daughter dont have any proof to show that we are residents of u.s.a will we face any problems at the court?
3-Is there any tips or information you can offer us that might be helpful?

crzyrussell · #2 03-04-2006, 11:29 PM

So you are not in posession of a green card? When my wife was approved she got hers the same day. You need to get a good immigration lawyer as the INS will use his criminal activity against him. You need to show the danger he will be in if he is deported.

Phil in Paris · #3 03-05-2006, 03:24 AM

Gosh, I wonder what they mean by Moral Turpitude !!!

Anyway, if I were you I would hope for the best but get ready for the worst. What the US want is to take him out of the US territory no matter where they send him.

In this case, I would contact the Albanian Embassy in NY and ask them if they would grant him Albanian citizenship, so that he could be deported to Albania.

Also, was your son born in Yugoslavia or was it already Serbia-Montenegro ?? If when he was born it was still Yugoslavia, isn't he allowed to ask the citizenship of one of the new countries which previously formed Yugoslavia ? In this case he should ask for the Slovenian citizenship. Slovenia is now part of the European Union and bearing a EU passport will allow him to work and settle down in any of the 25 countries of the EU. Like the United Kingdom or Ireland in case he only speaks English.

Just some thoughts...

Good luck.

Phil

CarlM · #4 03-06-2006, 07:47 AM

What passport does he hold? Can he re-apply for Asylum status? It would keep him here while the case was being processed.. otherwise, i dont think there are many option open. Perhaps its time for an Immigration Attorney to review the case for you - i dont think advice posted here will save him.

natalieN.Y · #5 03-06-2006, 09:02 PM

Thanks for reply all of you
Phil he was born in Yugoslavia then, and no he dozen have any passport. We never went back and we never apply for passport of Yugoslavia (now Montenegro and Serbia)
THe day we left we decided that we will never go back after what we relived there at the Yugoslavia
I am wondering since I am planning to visit my son, will me and my Dora have a problem when we visit him since we don’t have grin card. We never had any problem with a low .My Dora have a travel document that says resident and I as of right now have my s.s and New York ID

.
P.s I am sorry I am not very good in English and is driving me crazy that I can’t do nothing more .. So yes we have a Imigracion lower for him but I just cant trust them because of we would be citizens by now if it was not for the lawyers that had separated our cases and lost and mixed up our papers.

Good luck to all of you

MandyMeMe · #6 03-07-2006, 09:18 AM

As long as you have a state id you will be fine going to visit him. Good Luck let us know how the visit goes

CarlM · #7 03-07-2006, 12:21 PM

Natalie,

Are you a legal resident in the US or are you currently overstaying a previous visa?

CM

armyeng1 · #8 03-28-2006, 10:41 PM

There is not enough information to help you. There are I believe couple of things that I have seen work when it comes to aggravated felonies. A. Asylum B. Illegal Status. (if you are not and have never been a legal resident you are elegible for relief. C. Vacating crimminal charges based on legal grounds (pleading to a sentence without being advised of deportation consequences. It sounds as if he is at a stage where he needs a good immigration lawyer. I must warn that there are not many in the entire country so pick wisely. Also, keep in mind that the lawyer does not have to be in your area so it may be a good idea to find someone on the internet that has numerous experience. Be prepared to spend at least ten thousand or better to save his but. Also keep in mind that he needs to stay out of trouble, it sounds like to me that he hasnt done anything but get in trouble since he's been here. If he gets saved and gets status then messes up again, he is done for sure.