Legal Question in Immigration Law in New York

deportation & immigration

My 60 year old uncle served 2 years for a class b felony (sale & possession), 1st offense. He had a green card but it ''mysteriously'' disappeared sometime between booking and release. He's been trying to obtain a new one, filed appropriate application, paid fees but still no card. He can't get a job since he has no green card (he does have a green card number though)...My question, why wont they reissue his green card or provide him with a reason for the delay (nearly one year)? If they've already decide no new card, why can't he get a refund? Lastly, are they planning a deportation scenario?


Asked on 12/27/07, 5:16 pm

1 Answer from Attorneys
Ruchi Thaker Law Office of Ruchi Thaker

Re: deportation & immigration

This is a complex question, because whether the DHS will commence removal proceedings (as they are now called) will depend on what the convictions were for, what he pleaded guilty to, and what his sentence was. While the DHS should still be able to re-issue the lost alien registration card (green card), your uncle should be cautious because removal proceedings may be triggered. Additionally, you should be aware that DHS is also attempting to detain people with criminal convictions, even if they occurred many years ago.

He should definitely speak with experienced immigration attorneys to determine whether his convictions would render him removable from the United States. Even if he is removable, depending on his situation, he may be eligible to keep his greencard. This is a complicated area of law.

As of now, he does have a green card, he just has no physical proof of it.

Feel free to visit our website at www.thakerlaw.com to learn more about criminal deportation defense. We specialize in immigration law.

Best wishes!

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Answered on 12/27/07, 5:48 pm


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