Legal Question in Immigration Law in Michigan

Deportation and V Visas

My husband who is an Green Card holder committed a felony in 1998 to which he was advised to plea guilty. to my understanding none of the witnesses were ever present for any of the court hearing and he was given one year probation which ended in 1999. He later file for me and the children and we were given V visa status in June 2003. One month after the INS detained him for the same crime committed in 1995 and now he is being deported. He was advised that because he pleaded guilty he now has an aggrevative felony charge on him. What effect will his situation have on our V Visas?

Thanks for


Asked on 9/04/03, 1:22 am

2 Answers from Attorneys

Caridad Cardinale Pastor & Associates, P.C.

Re: Deportation and V Visas

While the government is saying that your husband is deportable because he is an aggravated felon that may not be the case. I would need to know more about the conviction or convictions themselves. It is important that your husband beat this aggravated felon charge by the government or you and your family will not only lose the v visa but will also lose your ability to obtain your green card based on your husband's petition for you. Please note that my new address and phone no. is 525 E. Big Beaver Road suite 250, Troy, Michigan 48083, (248) 619-0065. Thank you, Caridad Pastor Cardinale

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Answered on 9/05/03, 9:12 am
Steven Afton IMMIGRATION ADVOCATES

Re: Deportation and V Visas

Deportation / removal is very complicated, and a lot of additional facts could be important in your husband's case: is his removal based on his multiple convictions (which can be defined as "aggravated felony") or just one conviction of an agg. felony? What was the crime? (for example--drug convictions are almost impossible to fight). If your husband is successfully deported ("removed"), then yes--in effect you and your kids are also. HOWEVER--a lot can be done to combat the removal itself--or even in the relief / remedy obtained at the conclusion of the removal hearing (e.g., "waiver", voluntary departure, hardship, etc.)--which can lessen the effects or even prevent the effects of removal.

In fact, your husband's criminal lawyer never should have allowed your husband to plead guilty given the potential immigration ramifications. Maybe you could consider a malpractice lawsuit against that attorney.

There are a lot of facts that must be considered. If you call me, I'd be happy to discuss them.

Steve Afton

Immigration Advocates

877-ASK-LAWS

248-745-8555

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Answered on 9/04/03, 10:02 am


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