Legal Question in Immigration Law in Indiana
Had the TPS from Honduras with my wife, I was acused of domestic violance and was send to jail. Then I was deported. How can I reopen my case?
3 Answers from Attorneys
You need a immigrant petition (family-based or employment-based) and We suggest you to consult with an immigration attorney since you have pervious deportation.
You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.
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After you were deported to Honduras, you can't reopen TPS.
It appears that you don't have any case to reopen.
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If you were deported for an aggravated felony, that is, the government charged you with a crime of violence, and the immigration judge agreed, well, you may be out of the U.S. for quite a long time. You cannot reopen your TPS, and, depending on when your immigration case was, it is highly unlikely you can reopen your immigration case, or file an appeal at this point. An appeal had to have been filed within 30 days of the immigration court decision, and if you were already deported, it's probably way past that time. There are two possibilities which could challenge your deportation. First, if your criminal conviction is modified in some way due to a challenge of the criminal procedure below, or some error of law, or simply new evidence that could find you not guilty and give you a new trial. In which case, that would require going back to the criminal case and fighting that there was an error. On the other hand, I will bet you pled guilty, in which case you accepted the facts as they were and you committed the crime. That is very difficult to overcome. The second possibility is a challege to the immigration and deportation proceedings. We specialize in difficult deportation cases and sometimes there is a fact pattern that would lend itself to challenging the entire immigration proceeding for defects in the law or in procedure. Without knowing all the facts of your case, it is hard to tell what went on in your case. Contact my web site at www.seglegal and let us know what the facts are. Good luck!
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