Legal Question in Immigration Law in California

Deportation

I'm a US citizen married to a green card holder for 13yrs.I have no police record.Her permit exp4/10/06,she has 2non-violent felonies,spread 10yrs apart,and will end probation,with full restitution complete,any day now. No jail time.My wife pled guilty,to last offence because I was afraid they would deport her. She hasn't filed a renewal app yet. Can they deport her? Can I stop it,do I need a lawyer?


Asked on 2/06/06, 9:46 pm

3 Answers from Attorneys

Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Deportation

There are some aggravated felonies and other crimes involving moral turpitude that may trigger Removal Proceedings against a permanent resident ("green card" holder). You do not specify what type of crime was committed by your wife. However, the best course of action would be to apply for U.S. Citizenship on her behalf.

Ricardo Vidal

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Answered on 2/06/06, 10:03 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Deportation

I take issue with the previous attorney's advice to apply for citizenship: if someone has a bad enough criminal record, their citizenship won't be approved and they'll still be placed into removal (deportation) proceedings. In fact, this is how many green card holders get caught (applying for citizenship and being discovered to have committed crimes after getting green cards.)

Your question is incomplete because you don't specify what "renewal" application you're talking about. Maybe you're talking about the I-751 Petition to remove the condition on her 2-year green card, but you've been married for 13 years so there should be no need for that Petition. Also, as the other attorney said, you don't state what crimes your wife committed so it's difficult to say if they'll try to remove your wife.

Larry Liem Doan, Esq.

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Answered on 2/06/06, 11:03 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Deportation

Please do not apply for citizenshp unless you have an in depth consultation with an attorney discussing the crimes that were committed. If the crimes were aggrivated felonies or crime involving moral turpitudes she may end up in deportation proceeding. If proper advisal regarding immigration consequences were not given during the time the plea was entered she can get post conviction relief to set aside the previously enterd guilty plea.

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Answered on 2/24/06, 10:58 am


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