Legal Question in Immigration Law in California

I was deported in 2001, for transporting my illegal immigrant aunt to the U.S. at this time I had just received my passport no green card yet. When I was arrested and detained an officer took my fingerprints and an other officer recorded me while he questioned me. I was detained for about 3 months, went to court and the judge deported me for 20 yrs. while i was detained I received my green card at home, which is what I used to re-enter to the U.S. since then I have been working and recieving financial aid for college and have file income taxes every year. I have had many jobs that require a background check and no one has ever said anything about my green card status. It is now about o expire and I want to apply for a new one. What is the possibility that INS has all this information about the deportation and will not renew my card? Is there a possibility I slipped through the cracks?


Asked on 3/22/10, 2:44 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

It's very likely that your application to renew a green card will be denied and you placed for deportation/removal. Consult a lawyer before filing any applications with the USCIS.

Yes, of course, the USCIS should have information about all prior arrests, convictions (FBI fingerprint check) and about prior deportation.

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Answered on 3/27/10, 3:56 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Applying to renew your alien registration card could easily pose problems for you and it is correct that you will likely again face removal. You have got a long immigration road in front of you possibly depending on your age when some of these things happened, the extent of family in the U.S. now, and what you're charged with in removal proceedings. It could be anything from being in the U.S. without permission, to fraud. You'll have to see. The first thing that could happen is that you're unexpectedly arrested and posting bond will be an issue.

I don't mean to overly concern you, however, you've ignored a serious problem for a long time. Your case requires a more in-depth analysis to know where you stand and whether it might be best to simply not apply to renew the card at this time, or you might also be able to do some things in your life to make things easier for you. You might actually be able to re-adjust status in a best case scenario.

To say the least, your situation is complex.

The above is general information. It is not legal advice. It does not form an attorney client relationship. For further information, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 3/28/10, 10:10 pm


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