Legal Question in Immigration Law in Florida

deportation
i was sent to an ij for deportation proceedings,my records were lost and the judge closed the case due to lack of evidence.my green card was taken from me,so i applied for citizenship which i know i will be denied,due to domestic vilonce issue back in 95.my question is being that i am no longer in deportation can i file an i-90 replacement card. card expired 11/06. also my interview for n-400 is 4/23 can they re-open the the deportation case again? should i just give up,this has been an on-going ordeal for a year and half

Asked on 3/05/07, 7:27 pm

2 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

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Re: deportation

Your case inquiry is extremely complicated. On first blush it appears that you should file a Motion to Reopen or Reconsider based on errors of fact and/or law. You should not be held responsible if the Immigration Court lost all of your records. You should not have applied for citizenship if your permanent residence status was tenuous or unclear. Your domestic violence "issue" could have been a Crime Involving Moral Turpitude ("CIMT") or an Aggravated Felony ("AG") depending upon whether or not you were actually convicted, took a plea agreement, or what the charges were, and this could be a bar to Citizenship. You should not file for a Replacement I-90 card if you do not even know what that status of your permanent residence is.

Suffice it to say, you really need to contact our law office and speak with one of our experienced and seasoned Deportation/Immigration Attorneys so that we can review your entire file history and make a determination as to what, if any, relief you may have at this time.

Answered on 3/05/07, 8:09 pm

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