What can you do after your motion to vacate under Padilla was denied based on that it is not retroactive under Padilla? The case happened in 2001. It is an old case and now my husband is in removal proceedings. I petition for him in 2001 and the I 130 petition was approved. We abandoned the I 485 application and it was denied because of abandonment. My husband an I have been together for 17 years. We have 4 little children one of them is autistic which it will make it harder if he gets deported because she gets a lot of special services in her I.E.P in school. My children don't know any Spanish which makes it difficult if he gets deported. His deportation will cause me extreme hardship and the 6 of us are all U.S citizens. Avvo attorneys please help with your comments. Thank you.
You seem to be describing the hardship factors in your post. However, before we can go into it, we would need to first know the specific statute under which your husband was convicted and review his conviction record in its entirety. Now, if you can figure out how to do that on AVVO, please let me know.
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What was your husband convicted of?
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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You need to meet with an immigration attorney with experience in removal proceedings and waivers of inadmissibility. Whether your husband can avoid deportation or if can't avoid it, whether he can come back after deportation all turns on facts that are missing. Your situation is too complex to address on AVVO.
Criminal Defense Attorney
It will depend upon the crime. There is little flexibility if it is an aggravated felony, and you don't appear to be in one of the three federal circuits that allow to readjust status in certain circumstances. If he is in mandatory detention, that could mean it is.
Many crimes can be overcome with waivers, and some of the factors you mention are very helpful.
Read the exact sections of law with which he is being charged on the Record of Deportable Alien (Form I-213) and that will tell you if he qualifies for Cancellation of Removal or other forms of relief.
I can tell you that if he is in removal proceedings - find a lawyer quickly.
This should not be construed as advice, only information and I recommend for any additional questions you seek the advice of experienced immigration legal counsel. The posting of a response in no way infers client - attorney relationship has been established.