Legal Question in Immigration Law in Florida

immigration

My father migrated to US from Barbados. He married and went partially through the amesty program, but never completed the process. He had a felony back in 1975, will that keep him from completing an old greencard process?

Is there a statute of limitations?


Asked on 1/19/09, 6:55 pm

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: immigration

It depends on the felony charge. If he did not complete the amnesty program, but has been present in the U.S. since January 1, 1972, he may still be eligible for registry which would allow your father to obtain lawful permanent residence even if he has been illegally in the United States now, or if you initially entered the U.S. illegally.

Your dad is eligible if:

1. He entered te U.S. before 1/1/1972;

2. He has continuously resided in the U.S. since he entered;

3. He is a person of good moral character;

4. Is either not ineligible for citizenship, nor is inadmissible for terrorist or criminal grounds;

5. He has never failed to appear at any removal proceeding if required;

Now, depending on that felony from back in 1975, over 30 years ago. The 1996 immigration laws are retroactive, so that they apply to criminal convictions as far back as 1975. However, the fact that this felony is so old, it may not render your father inadmissible, and presuming your dad has not committed any other crimes, maybe, just maybe and argument could be made that now 30 years down the road, he would qualify for registry. There are no guarantees, but it is an interesting scenario. Hope you have a good immigration lawyer down there to help you out. Good luck.

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Answered on 1/19/09, 9:32 pm


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