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Lory D Rosenberg

Lory Rosenberg’s Answers

12 total


  • Is there still a life after a felony charge?

    Speaking in place of an immigrant on a student visa , who was fatly accused and arrested on a felony charge , Is there still any purpose of staying in the United States . I mean the point is to come and live the American dream get educated get ...

    Lory’s Answer

    An arrest alone is not a basis on which a student on an F-1 visa could lose their status or face deportation, unless it leads to the discovery of other grounds on which status is being violated. An arrest that does not result in a conviction may later have to be revealed on an application for adjustment of status, for change of status, and even on a future application for a non-immigrant visa, but it should not create an obstacle to approval when proof of acquittal or dropping of the charges is provided. An applicant for any type of status always must answer honestly, explain the situation and provide requested documents; however, in the absence of an admission to committing a crime, revealing an arrest that does not result in a conviction is not fatal, and not a reason to "call it quits and leave." A consultation to clarify the individual's status and put his mind at ease may be desireable, and such a person needs a competent attorney knowledgeable in immigration law, particularly inadmissibility and deportability grounds, and removal defense.

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  • Who owns this dog?

    I found a dog whose tag didn't have updated owner info. I reported it found to the humane society, posted it online, and posted flyers. After 2 weeks, I found the original owner of the dog, only to find she had given the dog (for free) to someone ...

    Lory’s Answer

    It may depend on the county or state law, but in some Maryland counties, such as Baltimore County for example, finding a stray dog and keeping it for 72 hours, may be sufficient to confer ownership on the finder. If you put up posters and contacted the local animal control or human society rescue, so much the better. The 2d owners sound very irresponsible and the dog may be at risk going back to the 2d owners, so if you are able to give it a safe, permanent hime, excellent!

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  • What if you self deport yourself because of misdemenor charge against you, and my green gard expires 2014?

    I have been out of the Usa for 8 years, when i was 18 i had an misdemenour case cuz i was caught shoplifting , my son has an usa citizenship he is 7yrs old, my brothers and parents live in the states with usa citizenships, and i would like to go b...

    Lory’s Answer

    It's not clear from your question whether you actually "self-deported," as you can only do that if you leave the U.S. when you are under an order of deportation or removal that has been entered by an Immigration Judge in a removal proceeding. It's also not clear whether the misdemeanor "charge" was a misdemeanor "conviction" but I will assume it was a conviction.

    If it was a conviction and you were placed in a removal proceeding and ordered removed by an Immigration Judge (IJ), or if you left subject to an alternate order of removal entered by an IJ who granted voluntary departure, you lost your lawful permanent resident status at that time (assuming you had a green card as indicated in the title of your question). In that case, to come back to the U.S., you will have to re-apply for a new green card (immigrant visa or lawful permanent resident status) based on an approved visa petition that has a current priority date filed by a citizen parent. Depending on the nature of the shoplifting misdemeanor offense (as defined in the state statute) and the sentence you received at the time if you were convicted, you may need a waiver of the ground of inadmissibility that such a conviction creates. In order to re-apply for admission before 10 years have gone by, you would need an additional exception granted. The first step to get back to the U.S. is to get an approved petition with a current priority date, so a citizen parent filing a petition for you is key. Next, you should prepare to document the circumstances surrounding the crimnial charge and conviction and since the time of those events, including whether you made restitution (paid the merchant back), whether you were on probabtion and successfully completed it, and your rehabilitation and lack of any other criminal activity or conduct. Depending on the situation surrounding the original conviction, you may want to have a criminal defense lawyer look into it, make sure everything was fairly handled at the time, and consult with an immigration attorney.

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  • Ice holds

    If someone was arrested because of a warrant and they aren't a u.s. Citizen will they get deported? If they do get an ice hold, can it be fought?

    Lory’s Answer

    Someone arrested on a crime-based warrant who is not a U.S. citizen may be charged with a ground of deportability and may be given a "hold" or "detainer" by I.C.E. - which means the local police cannot release the person on bail because the Immigration and Customs Enforcement section of DHS wants to charge him or her with deportability, but they will not be deported immediately. Most deportability grounds require a conviction of a crime, not merely that a crime is charged and a warrant issued. You should consult with a criminal defense attorney AND and an expert immigration attorney so that if there has to be a cnoviction, it may be possible for it not to be for a crime that results in a deportation ground. In addition, that might make it possible to avoid "mandatory detention" by ICE and possibly, though not likely, could persuade ICE to cancel its "detainer." or hold on the person.

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  • How can I avoid Deportation/Removal?

    I am a lawful permanent resident who was wrongfully convicted of a felony two years ago (1st degree Theft, 4th degree Assault). I've been living here since January 23, 1998 and the crime occurred in 2008. My green card expires next year (10/30/201...

    Lory’s Answer

    You should consult with a reputable, experienced immigration lawyer - and also, a criminal defense lawyer - as soon as possible, as your case requires immediate attention. First, if you have been wrongly convicted and there was a defect in the criminal trial or guilty plea related to ineffective assistance of counsel or another serious violation of procedure, it may be possible to challenge the conviction in the criminal justice arena. If you are successful in this, the conviction might be vacated.

    Second, I would re-evaluate going ahead with your citizenship application -- at least at this point -- because: (a) as long as you have a 2008 conviction on your record, its very likely that you will not be able to demonstrate "good moral character" during the 5 year period before your application was filed, which is required for citizenship, and (b) you could be charged with a deportable offense when DHS officials review your criminal record, and (c) your criminal record needs to be carefully analyzed by an expert in criminal immigration consequences before you seek any new status such as citizenship. It is possible to withdraw your citizenship application - but I would consult with an experienced attorney before doing so.

    I recommend that you consult with an immigration law expert who is experienced in the consequences of crime and removal defense, and can work with a criminal defense attorney to straighten out your criminal record.

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  • What are the possibilities of an immigrant coming back with permanent residence?

    This immigrant has been in the US for 9 years and went to a immigration hearing and the judge granted voluntary departure. He leaves the country and wants to return asap....He has a family, a 2 year old and a 2 month old and is married to a US cit...

    Lory’s Answer

    Assuming that the person left the U.S. within the period of voluntary departure ordered by the judge, once the immigrant visa petition filed by his spouse is approved, the process for applying for an immigrant visa (green card) at the consular post in his home country will begin. However, the issue in his case is likely to be whether - and how quickly - he will be able to get a waiver for the period of time he spent in the U.S. without being authorized to be here. A person who has "unlawful presence" in the U.S. of more than 1 year faces a long period that they have to remain outside the U.S. (10 years) before they can come back lawfully, unless they get a waiver. How long that will take may depend and it is a good idea to consult with a experienced, reputable immigration lawyer for information and help in prepring and filing for the waiver.

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  • My husband and I are waiting on a decision from the Immigration board of appeals, if he is denied is there any thing eles to do

    Is there any motion we can file if immigration board of appeal denied my husband.

    Lory’s Answer

    If your husband's appeal is denied, there are some possible steps that can be taken depending on the situation. What you can do might turn on the nature of the underlying removal charges and your husband's defense to the removal charges, as well as the forms of relief from removal, if any, for which he applied, and what kinds of arguments you raised in your appeal to the Board. It also depends on the decision you get from the Board, and whether it contains errors or issues requiring clarification. You will have 30 days from the date of the Board's order to file a petition for review with the federal Circuit Court of Appeals, and if you have an attorney, you should go over the decision carefully with him or her, and discuss your next steps.

    If you were not represented by an experienced and reliable immigration attorney in the proceedings before the Immigration Judge, or if you simply want a second opinion, you should immediately consult with an experienced, reputable immigration lawyer. In the event that you were not represented by an attorney at all and didn't apply for relief from removal, or if your husband has become eligible for a new form of relief while the appeal has been pending, it may be possible to file a motion to reopen to the Board and ask them to send the case back to the Immigration Judge. Motions to reopen have to be based on new evidence, and must be filed within 90 days of the Board's decision.

    If the Board's decision contains errors relating to the facts of the case, or gets the law wrong, then it may be possible to file a Motion to Reconisider, in which you ask the Board to review their own decision and correct it. Motions to Reconsider have to be filed within 30 days of the Board's decision. You can file either of these motions at the same time as you are filing the Petition for Review to the federal circuit court of appeal.

    These steps can be procedurally complex and should be based on an overall case strategy that you have discussed with an experienced immigration lawyer who you retain to represent you.

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  • Could I get deported?

    Could I get deported if I apply for citizenship and I have a possession of marijuana (1 gram) on my record? This was when I was a minor and am now over 18 with no drug involvement since then. I took court classes and the charges where dismissed. B...

    Lory’s Answer

    There always is a risk that filing an application for naturalization will bring to light a ground of deportability that the agency previously has overlooked, so it is important to consult with an experienced immigration lawyer before filing the application. In addition, the immigration laws can be confusing when it comes to what is considered a "conviction"after you enter a guilty plea, even though charges are dismissed. However, if the record actually contains evidence that the possession conviction involved only 1 gram of marijuana, that will not constitute a ground of deportability as the law provides specifically that a single offense of possession for one's own use of less than 30 grams of marijuana does not constitute a deportable offense. See section 1257(a)(2)(A) of 8 United States Code. Therefore, even if the possession of marijuana conviction was treated as an adult conviction and not an act of juvenile delinquency, it would not support a charge of deportability. Similarly, an arrest that does not involve a plea of guilty or an admission of sufficient facts to support the charges and that results in a dismissal of the charges immediately is not likely to amount to a deportable offense. Nevertheless, an application for citizenship requires that you be a person of "good moral character" and therefore, you should have your situation and these incidents in particular evaluated by an experienced immigration lawyer.

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  • Rn IIs there any other way my husband can become a US citizen.

    My husband been in the US for over 5 years, we are waiting for answer from BIA is there any law or petition we can file for him to become a citizen. I heard it can take years for a decision is made.

    Lory’s Answer

    No, there is no separate law or petition that can be filed. Generally, there is no way to get citizenship without first being a lawful permanent resident (LPR) -- having a "green card." To get lawful permanent resident status, a person must have an approved visa petition based on a qualifying family or spousal relationship, or an employer-employee relationship, or have been granted asylum. Depending on whether the person qualifies for adjustment of status, they may apply for and receive their green card in the U.S.

    If your husband's case is on appeal at the BIA, that means he already had a removal hearing before an Immigration Judge. Hopefully, your husband was represented by an experienced immigration lawyer before the Immigration Judge and on appeal to the BIA. That would have been the time to apply for adjustment of status if your husband has an approved petition and qualifies for adjustment. The BIA generally decides the cases of those people who are detained before other cases, so it often takes more time if the "respondent" -- meaning the person who had the hearing -- is not detained, and it can take up to a year or two to get a decision in some cases. If your husband did not have an experienced immigration lawyer to represent him in his hearing before the Immigration Judge or at the BIA, it would be a good idea to consult with an experienced immigration lawyer.

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  • My husband is detained by immigration and i am a usa citizen ive filed and i 1 30 for him already will he be able to fix his sta

    he has 1 felon using a fake ss to work with and a simple assualt charge on his file

    Lory’s Answer

    Your husband's case is rather complicated and involves many variables that should be evaluated by an experienced immigration lawyer who can discuss all of the legal issues and the legal options with you. Since he is in detention, his case is being heard before an Immigration Judge, where he will need to respond to the charges that he is subject to removal and apply for any relief from removal for which he may be eligible. The first order of business is to examine the possible grounds of deportability and determine (1) whether his conviction for use of a false social security card is a removable offense, (2) whether the simple assault charge amounts to a conviction, and (3) if it does, whether it is a removable offense. Depending on the nature of the conviction and whether there is more than one conviction, your lawyer may be able to seek a bond redetermination for your husband.

    The next order of business is to consider any and all relief from removal that may be available for your husband. Some of that evaluation depends on the nature of the conviction(s), the amount of time your husband has been in the U.S., and other factors. Once your I-130 petition is approved, your husband may be eligible to seek adjustment of status if he was lawfully admitted in a lawful nonimmigrant status when he originally came to the U.S.; however, depending on the nature of the conviction or convictions, he may need to apply for a waiver of a ground of inadmissibility based on the conviction(s) to qualify for adjustment of status. If your husband was not lawfully admitted, he will not be eligible to adjust status before the Immigration Judge, and your immediate concern will be whether there is any other relief from removal. In theory, if he can't adjust status, your husband may be able to obtain his immigrant visa outside the U.S. at a consular post. BUT, your husband's situation is complicated by several factors: (1) the fact of his conviction record, (2) the amount of time he has been in the U.S. unlawfully, and (3) the fact that he may receive a removal order and be deported. Each of those factors can present a bar to his receiving a green card -- in other words, each factor is a ground of inadmissibility that he would have to overcome by qualifying for waivers that require him to show extreme hardship to you, a U.S. citizen.

    You can see that your husband's case has many layers that makes representation by an experienced immigration lawyer essential.

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