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Confused8 · #1 05-09-2009, 07:20 PM

If someone was convicted of a crime (non violent), is there anyway to help them so they won't be deported?

The law said no matter what they have to leave...is there any way they can stay?

YOLY617 · #2 05-09-2009, 07:50 PM

I wish I can say yea! Explain more on what the crime is

Mia2123 · #3 05-09-2009, 11:33 PM

Depends...are they here legally? Are they are they a green card holder? My ex is a green card holder and won his first case and got a cancelation of removal (I think that is what it was called) because he was able to prove a hardship. Oh and also because his sentence to his crime was less than one year. On the other hand if they are convicted of an Aggravated Felony (which includes many crimes including non-violent ones when the sentence is over one year) then it is really hard....from our experience so far.

pamela_c · #4 05-09-2009, 11:47 PM

It will depend on his legal status, crime committed, possibly any hardship factors, etc.
If you give us more information we can give you better information.

Confused8 · #5 05-10-2009, 11:41 AM

Quote:

Originally Posted by Mia2123

Depends...are they here legally? Are they are they a green card holder? My ex is a green card holder and won his first case and got a cancelation of removal (I think that is what it was called) because he was able to prove a hardship. Oh and also because his sentence to his crime was less than one year. On the other hand if they are convicted of an Aggravated Felony (which includes many crimes including non-violent ones when the sentence is over one year) then it is really hard....from our experience so far.

I was reading the immigration info and they considered this to be an "aggravated felony" in the eyes of ICE even though it was a non-violent crime and the sentence is 3 years prison time.

So, I'm afraid you guys will probably tell me that it's a hopeless case.

Mia2123 · #6 05-10-2009, 02:26 PM

Well....I don't know about hopeless...because my ex is still appealling so we don't know yet. My ex was also convicted of an AF (four years after he won his cancelation of removal) and he lost in immigration court and the BIA, now he is at the ninth circuit and I have no idea what is going to happen there. I have read many, many, many old post and it seems as though AF's are really bad news! I'm sorry I couldn't tell you something more positive.

pamela_c · #7 05-10-2009, 05:45 PM

AF's are pretty hard to overcome, but not always impossible. Hardship factors can help, community ties and some other things can help in some situations. Immigration is too complicated to try to do yourself in these situations. It would be best to at least consult with a criminal immigration attorney and see what they think chances are for successfully fighting deportation. If they think that there's a chance, they can tell you what things can help the case.
Best of luck to you.