Serious issue ! Deportation - Can I get advise please ?

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CitatioN10

Registered Users (C)
Wife has been here in the US for 8 years , we are married , I am a US citizen and she is from Bulgaria . She filed for Citizenship a few weeks ago and got denied . Years ago she got into trouble over Theft "6.00" Item at publix , she just went to court and got probation , kinda end of story . She got banned from the store and she thought the ban was lifted by now , went back to the store , they seen her and she then got nailed for tresspassing .

Since she filed for citizenship they seen the 2 mistomenors , sent a letter to appear .. she went and came home crying with a GPS unit on her ankle , she is in status of deportation .

Now , Do we spend $5000.00 or more on a Immigration Attorney and hope for the best ?

Does she stand a chance at all ?

We do own a house , she has had her job for 5 years and never missed a day .

Please let me know ,
Thanks
 
Hi thanks for your post , but do you see any chance in this ? I'm only aksing really because I don't know if we should start selling stuff ? Also Christmas is coming up so do I buy a tree and light up the house ? we cant really get in the christmas spirit with this cloud over our heads .

Thanks in advance.
 
First get a lawyer. A criminal lawyer. I would suggest you try to sue PUBLIX for harrasment and get them to drop their charges.

Second, get an immigration lawyer and fight the NTA based on your lawsuit against PUBLIX.
 
Law Offices of Rajiv S. Khanna, P.C (Private Counsel)

5225 Wilson Blvd., Arlington, VA 22205
Ph: (703)908-4800

6 Byers Street, Staunton, VA 24401
Ph: (540)886-6321
 
rick92 said:
First get a lawyer. A criminal lawyer. I would suggest you try to sue PUBLIX for harrasment and get them to drop their charges.

Second, get an immigration lawyer and fight the NTA based on your lawsuit against PUBLIX.
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Since the INS already knows of these charges , why would it help to get them withdrawn ?
 
CitatioN10 said:
Since the INS already knows of these charges , why would it help to get them withdrawn ?
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I believe the basis for the NTA is based on the two misdemeanors, (the fact that she went into the store twice), bcs she thought it was over and done with. I believe if you sue Publix and take them to court, try to use the local newspapers, they are not going to like the publicity of PUBLIX harrassing their customers, and they will backpedal with the trespassing charges.

If the charges (I am hoping) could get expunged bcs of this lawsuit, there will be no merit from USCIS to keep prosecuting your wife.
 
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rick92 said:
they are not going to like the publicity of PUBLIX harrassing their customers, and they will backpedal with the trespassing charges.
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We're not talking charges here, we're talking convictions. Too late for Publix to do anything about it.

If the charges (I am hoping) could get expunged bcs of this lawsuit, there will be no merit from USCIS to keep prosecuting your wife.
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USCIS doesn't care if a conviction was expunged.
 
if she did plead for trespassing and judge didnt tell her immigration consequences of this then she has a good chance to overturn her plea. After that your criminal attorney can get Publix to drop the charges so there would be no re-trial. so she would end up with her conviction vacated and therefore USCIS will not be able to prosecute/deport her
but do hire a crminal and immigration atoorneys immiediately

chagre vacated and charge expunged are different things. Former will let her off hook with USCIS, latter will not
 
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ganjik said:
if she did plead for trespassing and judge didnt tell her immigration consequences of this then she has a good chance to overturn her plea. After that your criminal attorney can get Publix to drop the charges so there would be no re-trial. so she would end up with her conviction vacated and therefore USCIS will not be able to prosecute/deport her
but do hire a crminal and immigration atoorneys immiediately

chagre vacated and charge expunged are different things. Former will let her off hook with USCIS, latter will not
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We Email an Attorney and he pretty much told us the same thing , and the Judge did not inform her of any immigrations that could be a problem in the future , so I belive this may work .
 
Theft and trespassing convictions are both CIMTs. Two CIMTs committed during the first 5 years as a LPR they are grounds for deportation (INA 237, 8 USC 1227)

I don't see how she'll be able to overcome these serious convictions as immigration laws are very clear about what constitutes grounds for deportation.

Consult a good immigration lawyer specialized in criminal law to determine what options (if any) remain at this point.

Note: A motion to vacate can only be filed within a specific amount of time, so depending on when the conviction took place it might not even be worth looking into.
 
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CitatioN10 said:
She got banned from the store and she thought the ban was lifted by now , went back to the store , they seen her and she then got nailed for tresspassing .
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How did they know it was her? Did they actually remember her face from years ago? Or was it that she went back into the shop only a few weeks or months after the conviction? And why didn't she immediately leave the store upon realizing that they recognized her?
 
I belive the last conviction was a year ago " Tresspassing " maybe its been too long ?

I'm not sure how long she was banned from the store , but went back years later and somehow they reconized her.

How many years do you have to vacate ?
 
strange denial

I have a question for You citation10. How could you wife get denied after just filed N-400 for a few weeks ? What's your wife's time line ? when did your wife file for N-400 ? and when it got denied ? and the reason for denial ?
If you could post more details alot of people in this room can help you with your wife's problem
 
CitatioN10, please post your wife's signature. Let us know about dates of both convictions and let us know when she applied for the citizenship, so we can get a better idea.

You can post your wife's signature by going to User CP on the left middle tab and then go to edit signature and then save it.

Also where in Florida do you live ? North, Central or South Florida ?
 
thats right, so if tresspasing conviction is vacated she is not deportable anymore.

Bobsmyth said:
Theft and trespassing convictions are both CIMTs. Two CIMTs committed during the first 5 years as a LPR they are grounds for deportation (INA 237, 8 USC 1227)

I don't see how she'll be able to overcome these serious convictions as immigration laws are very clear about what constitutes grounds for deportation.

Consult a good immigration lawyer specialized in criminal law to determine what options (if any) remain at this point.

Note: A motion to vacate can only be filed within a specific amount of time, so depending on when the conviction took place it might not even be worth looking into.
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As others have said, you need a lawyer who specializes in both criminal and immigration law. The lawyer should be licensed in the state of Florida and have experience with both criminal cases and removal hearings. The lawyer should file a motion to vacate in the Florida court or even a petition for writ of habeas corpus in federal district court. Also the lawyer may be able to simply challenge the immigration charges if the crime in question is not categorically a Crime Involving Moral Turpitude. When you have a consultation with the attorney, make sure the attorney mentions all these possibilities. If the attorney does not then he/she doesn't know what he/she is doing and you should go to another attorney until you find one that really knows about this stuff because it is very complicated and there are many terrible immigration attorneys/agencies out there that just want your money.

From the information you have told us it looks like these charges might be beatable. Unless you want to leave the US you should go ahead and pay a good attorney to fight for your wife to stay.
 
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