Waiver for "Aggravated Felony"

JS1126

New Member
Hello all, I'm new to this board. I'm a young attorney, just started my own practice, I practice some immigration among other areas. I'm not all that familiar with criminal grounds for deportation. I've read the INA sections of excludability and waivers, but I can't really find a definitive answer to the following issue:

This individual is an LPR since 1989, convicted of "filing false tax returns" in early 2009, currently imprisoned in a federal facility. The problem is that the amount of money he plead guilty to withholding was well over $50,000, putting him in the class of an "Aggravated Felon" according to the INA. As such, I believe he is not eligible for Cancellation of Removal or Withholding of Removal. Also, because he is an LPR, I believe he is not eligible for a Hardship Waiver. it doesn't even look like he's eligible for Voluntary Departure.

Are there any potential options or waivers available to this person? A lot of the usual waivers seem to not apply due to the Aggravated Felony. I've already entered my appearance, first master hearing is next week.

Thanks :cool:
 
You really shouldn't be asking this on an open forum. You have no idea if anyone who will respond knows what they are talking about. Since you admit you don't have much experience in this you cannot know if any response makes any sense.

What you should do is contact an experienced attorney or professor of immigration law and ask that question. Heck call USCIS and ask.

You are not doing your client any favors by depending on a forum for his representation. I understand that you are a young attorney but if you do not believe you can represent your client well- due to lack of knowledge in this area -you should refer him to a more senior colleague.
 
Hello all, I'm new to this board. I'm a young attorney, just started my own practice, I practice some immigration among other areas. I'm not all that familiar with criminal grounds for deportation. I've read the INA sections of excludability and waivers, but I can't really find a definitive answer to the following issue:

This individual is an LPR since 1989, convicted of "filing false tax returns" in early 2009, currently imprisoned in a federal facility. The problem is that the amount of money he plead guilty to withholding was well over $50,000, putting him in the class of an "Aggravated Felon" according to the INA. As such, I believe he is not eligible for Cancellation of Removal or Withholding of Removal. Also, because he is an LPR, I believe he is not eligible for a Hardship Waiver. it doesn't even look like he's eligible for Voluntary Departure.

Are there any potential options or waivers available to this person? A lot of the usual waivers seem to not apply due to the Aggravated Felony. I've already entered my appearance, first master hearing is next week.

Thanks :cool:


This may be a bit late, but in answer to your question, your client is not barred from seeking a waiver if he/she is under 5th circuit law. See Martinez v. mukasey (5th circuit 2008? ) However there are some other factors, read the ruling... based on admitted as a LPR, and length of residence. And another thing that may be possible, using Padilla v Kentucky (Supreme ct. 2010) to possibly vacate the original case if he recieved erroneus advice from his attorney regarding immigration consequences. It's a rough ride though... Funny twist is, if your client pleaded guilty to 5 counts of fraud in the amount of $9999 each, he would not have such a hard time. -Good Luck.!
P.S. I'm not an attorney, please research!
 
Cancellation of Removal is out because of his Ag.felony conviction. A Stay will not help, too late for Asylum, withhoding seems to be out of the question too, Voluntary Departure - what is the point? He wouldn't be a LPR, and he would be inadmissible. The only thing left would be to ask the IJ about any possible forms of relief, and he would be required to answer. Other than that, the US is better off without this criminal.
 
Deportation Waiver

I can tell you with certainty that the best thing you can do for you client is to tell him that there is nothing that anyone can do and give him his money back. If ICE has an immigration hold on him he is not eligible for bond unless he is from a country in which will not accept him back and then you must prove to the court this his removal is not guaranteed and could take years to resolve. He needs to fight the criminal conviction, which is not likely, get a pardon from the governor, which is also not likey, or keep his costs down and say good bye to his family life in the US forever! I have been deported and studied immigration law for years now and all I see out there are attorney's taking money for things in which they fail to achieve 90% of the time. I was personally ripped off by three attorney's with all different solutions to my problems. Then found out that they where all wrong and advised me of things that clearly where never available under any circumstances! Your client will sit in county jail once out of federal prison until his deportation. I too agree that as an attorney you should consult a fellow colleage as these forums are more for attorneys to input information that they have learned more than to seek information. Like I said, on this one, I do believe that your client is a gonner for life. Sorry!


Hello all, I'm new to this board. I'm a young attorney, just started my own practice, I practice some immigration among other areas. I'm not all that familiar with criminal grounds for deportation. I've read the INA sections of excludability and waivers, but I can't really find a definitive answer to the following issue:

This individual is an LPR since 1989, convicted of "filing false tax returns" in early 2009, currently imprisoned in a federal facility. The problem is that the amount of money he plead guilty to withholding was well over $50,000, putting him in the class of an "Aggravated Felon" according to the INA. As such, I believe he is not eligible for Cancellation of Removal or Withholding of Removal. Also, because he is an LPR, I believe he is not eligible for a Hardship Waiver. it doesn't even look like he's eligible for Voluntary Departure.

Are there any potential options or waivers available to this person? A lot of the usual waivers seem to not apply due to the Aggravated Felony. I've already entered my appearance, first master hearing is next week.

Thanks :cool:
 
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