Legal Question in Immigration Law in California

ina 212 h

hello. hope somebody can help me. im a conditional resident married to an american citizen and just found out criminal charges may be brought against me for something that happened 17 years ago. my question is ; does INA 212 H 1 A apply to me or should i get ready to get deported? we didnt know of the charges when we applied for the green card and now i guess im in a jam!!!!any help would be great. thanks.


Asked on 8/26/03, 9:30 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: ina 212 h

THIS IS NOT TO BE CONSTRUED AS A LEGAL ADVICE NOR CREATION OF ATTORNEY-CLIENT RELATIONSHIP.

First, criminal charges are being filed after 17 years? Does not make much sense as most crimes will be statutory time-barred. Unles of course it was a murder for which there is no statute of limitations.

Second, you must fight the criminal charges vigorously and defend yourself to the fullest.

Third, you may have a problem if you are convicted as the provissions of IIRIRA are applied retroactively.

Lastly, get a competent immigration lawyer to take a close look at your case and do damage control as soon as you can. If you do not have an immigration or criminal defense lawyer, I'll be happy to review your case. Good luck.

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Answered on 8/26/03, 10:06 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: ina 212 h

To be eligible for 212(h) waiver you need to be a LPR for atleast 7 years. I do criminal defense as well as deportation defense. If you need help...feel free to contact me.

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Answered on 8/29/03, 11:17 am


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