Legal Question in Immigration Law in Michigan

Hello:

I have been living in the US since 2002 on an F-1 student visa. I have a masters degree and I am only 6 credits away from being done with my doctorate in musical arts. About two years ago I was found guilty in two felonious charges: Home Invasion 2nd degree and Attempted Home Invasion 2nd degree and sentenced to 12 months in county jail, which sentence was later reduced to 11 months. I served my sentence and now I am out, however I am not currently enrolled in school. Although while I was in jail I had a federal hold from the Office of Homeland Security and I was told that on my out date I will be picked up by immigration and most likely deported, that never happened and as of today I still have not heard anything from immigration regarding my status. I also have 2 more years of probation to complete and about $6000 in restitution which I must pay by the end of my probation. My actual question is: Is there still a chance for me to stay in the US and obtain a green card either through marriage or employment? I could possibly have at least one of my charges expunged and since my sentenced was reduced to 11 months, I am pretty sure that it does not fall in to the "aggravated" offenses category. I also have a serious (American) girlfriend and we have been talking about marriage, but would it still be possible to get a green card and later become a US citizen, if I marry her with those felonies on my record??? I have no previous criminal history of any kind, I have a lot of excellent character references, and I have a high education which I got here in the U.S. Any kind of answer, suggestion, or advice would be greatly appreciated.

Thank you!


Asked on 2/28/10, 8:40 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

It's very likely that this conviction is considered an "aggravated felony" for the purpose of immigration law. If so, then, no adjustment of status is possible. You need to have the conviction record reviewed by an attorney. Having conviction expunged will not remove it for immigration purposes.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

Read more
Answered on 3/05/10, 9:37 pm


Related Questions & Answers

More Immigration Law questions and answers in Michigan