Legal Question in Immigration Law in Florida

Ice Hold

My son is currently in prison, sentenced for 1 yr ans 2 months for Felon/carrying concealed firearm, He had a green card but expired and never renew. His father is a US citizen I am a legal resident since 1992, I have already apply for my citizenship, he was brought to the US when he was one year old? Is there any thing we or you can do to help him?


Asked on 3/19/09, 8:40 pm

2 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

ICE Hold

There are a few questions to ask before a seasoned Deportation/Removal Attorney could get involved and do some good.

Did he take a Criminal Plea, or was the conviction based on a full trial?

Did his previous Criminal Defense Attorney fully advise and educate him, or affirmatively mislead him, with regards to the Immigration Consequences of taking such a plea, if applicable? Even though the Matter of Lozada, 19 I&N Dec. 637 (BIA 1988) and Matter of Assaad (23 I & N Dec. 553 BIA 2003) case strategies have been affected significantly by the Matter of Compean case (24 I&N Dec. 710 A.G. 2009), there are remedies available for your son if more detailed information is provided.

Did he have Immigration Counsel at the time of taking such a plea, or did the Criminal Defense Attorney "stand in" as Immigration Counsel?

Did the Criminal Court Judge advise him on the record what the Immigration consequences would be of taking such a plea, as opposed to going to trial?

Is there currently an Immigration Hold ("Detainer") on him at this moment, and was he served with a Notice to Appear ("NTA")?

If he was served with an NTA, what were the exact charges?

There are hundreds more questions to ask, however, that exceed the scope and breadth of this initial query - please contact our seasoned Federal Immigration/Criminal Defense/Deportation/Removal Defense Attorneys immediately, to start getting both your and your son's life, back on track.

RDM

Read more
Answered on 3/19/09, 9:09 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Ice Hold

The first thing you must do is get a good immigration lawyer who specializes in deportation cases. If his father is a citizen, how old was your son when his father became a citizen? If his father is a citizen, did he ever register your son at the U.S. Embassy where your son was born? Even if your son's green card expired he is still a lawful permanent resident until such time as his status is revoked. Carrying a concealed weapon is not necessarily going to keep your son from trying to obtain relief from deportation. How did he get so much time for such a conviction -- did he have a public defender? Did the attorney on his criminal case advise him of any immigration consequences of his crime? My firm specializes in deportation cases and we are available for cases all over the country. But before you retain me, see if you can find someone in Florida who is as eager as I am to defend aliens like your son. Good luck to you.

Read more
Answered on 3/19/09, 9:12 pm


Related Questions & Answers

More Immigration Law questions and answers in Florida