Denial Of Natz! Help..time running out

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Bindicp

New Member
Hi...my frind was denied his natz petiton on the basis of an aggravated felony conviction in 1998. He had a severe language prob at the time and did not understand the charges against him and pleaded "no contest". His GC has also expired in March 2006. His denial notice says he may request a review hearing within 30 days (expiring in 3 days!). He saw an attorney today and the attorney advised him that generally the immig officers have zero discretion in aggr felony cases, but that he should try and convince the reviewing officer about his language prob at the time.
My friend is married to an USC since 1988 and has 3 USC children.
Wht are his chances? What is the best course of action?
Plzz give me any suggestions/pointers.
 
Bindicp said:
Hi...my frind was denied his natz petiton on the basis of an aggravated felony conviction in 1998. He had a severe language prob at the time and did not understand the charges against him and pleaded "no contest". His GC has also expired in March 2006. His denial notice says he may request a review hearing within 30 days (expiring in 3 days!). He saw an attorney today and the attorney advised him that generally the immig officers have zero discretion in aggr felony cases, but that he should try and convince the reviewing officer about his language prob at the time.
My friend is married to an USC since 1988 and has 3 USC children.
Wht are his chances? What is the best course of action?
Plzz give me any suggestions/pointers.
Click to expand...

first of all dont waste any more time,it is irelevant about his chances...but he needs to request a hearing....get a better lawyer and request a review...
first,as far as i know when under review the case is assigned to a different officer,so definitely chances are good ...
 
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Bindicp said:
Hi...my frind was denied his natz petiton on the basis of an aggravated felony conviction in 1998. He had a severe language prob at the time and did not understand the charges against him and pleaded "no contest". His GC has also expired in March 2006. His denial notice says he may request a review hearing within 30 days (expiring in 3 days!). He saw an attorney today and the attorney advised him that generally the immig officers have zero discretion in aggr felony cases, but that he should try and convince the reviewing officer about his language prob at the time.
My friend is married to an USC since 1988 and has 3 USC children.
Wht are his chances? What is the best course of action?
Plzz give me any suggestions/pointers.
Click to expand...

2 things to say get a excellente lawyer and good luck! my husband USC got denied also 2 years ago for less that what you friend got and he went in appeal and nothing got better they told him that he might get deported after having his green card for 18 years and his got a daughter that is USC but thank God nobody came to our door to get him! and make sure your friends doesn't do speeding or something stupid because if he get pull over by a police they can get him! and I'm not lying here it happend to another guy that I know after his denied he got a speeding ticket and then the police saw I guess his immigration thing and they got him and now his back in is country!



pray God and get a excellente lawyer that knows what his talkng about! good luck!
 
query11 said:
first of all dont waste any more time,it is irelevant about his chances...but he needs to request a hearing....get a better lawyer and request a review...
first,as far as i know when under review the case is assigned to a different officer,so definitely chances are good ...
Click to expand...

I would agree, except with an assesment that he has good chances. Frankly, they are slim, but you should do all possible. One thing is for sure, if he does not file, he will have no chances.

I'm not sure what he was were waiting for...he needs to run and get a good lawyer ASAP. He needs to try to do what he can.

Aggrevated felony refers to particularly serious crimes. You are also permanently barred from naturalization if you have been convicted of an aggravated felony per INA 101(a)(43)

What did he do? Maybe, there is a slim chance that INA or an officer would not consider his crime as felony.

Aggrevated felony is a big thing, and this will be uphill battle. Be prepared for everything.

Did INS suggested that they will review his LPR status based on the felony? He will need to have defense if deportation comes to the table. There is always family hardship that he can argue.

Language defense is very fishy to me. I agree with Query...find better lawyer or better what the person before me said "excellent lawyer".

P.S.: This is not a legal advice. I'm not lawyer. I'm not an immigration expert. I'm just an ordinary guy. For a legal advice, you need to find proffessional.
 
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fight the fight . Stay the course. You will win the buraucracy at the end. Buraucracy is ddomed to fail at the end.
 
Aggravated felony is a permanent bar to naturalization. Forget about naturalization; he has bigger problems to worry about ... he may get deported.
 
OP''s original thread is from 2006 and was resurrected by smali..the OP's "friend' may already have been deported.
 
Hmm..Let's see:

This "friend" is
-- a violent dude who commits an aggravated felony
-- married to a USC for 10 yrs (@ time of crime) with 3 kids, and STILL didn't comprehend enough English to understand his own charges ??

what do people like this look for when they apply for USC-ship? blows my mind.
 
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Washburn27 said:
Hmm..Let's see:

This "friend" is
-- a violent dude who commits an aggravated felony
-- married to a USC for 10 yrs (@ time of crime) with 3 kids, and STILL didn't comprehend enough English to understand his own charges ??

what do people like this look for when they apply for USC-ship? blows my mind.
Click to expand...

After 1996 some non-serious crime or offense by standard of state law canbe considered anaggravated felony by immigration laws, for example, a possesstion of marijuna of 31 grams. And sometimes a person can commit an
aggravated felony by ignorance of law say carry a concealed weapon in Washiting DC.
 
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