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I am a legal green card holder but im in removal proceeding can i still apply for citizenships. an how can i fight my case

Orlando, FL |

I came to the united state when i was 7 years old i graduated high school and now attending college becuase i took a plea deal to child abuse it subject me to deportation this was my first charge in my whole life i wish to know the best way to fight this case i know nothing about my country an i never been there since i left please inform me the best way to fight my case

Attorney Answers 10

  1. You may have several defenses to removal available to you. the best way for you to fight your removal proceedings is to retain legal assistance from an immigration attorney as soon as possible.


    Robert Brown LLC
    Baldwin Park Center
    4767 New Broad Street
    Orlando, Florida 32814

  2. Depends on the conviction. Generally, a permanent resident convicted of a crime involving child abuse, which is an aggravated felony, can be removed from the U.S., and is ineligible for any relief other than protection under the Convention Against Torture, or similar provisions.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  3. You hire an immigration attorney in Florida and a good one and you do that as soon as possible. You can look for one on AVVO. I can suggest some good ones in Florida too.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  4. Eligibility for relief depends on your conviction. If you were convicted of a child abuse crime, you may be ineligible for relief and can be removed from the U.S. except for protection under the Convention Against Torture. My best advice would be to immediately consult with an immigration lawyer to determine if you have defenses to removability.

  5. Not while in removal proceedings.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  6. Hello. In order to terminate proceedings, the DHS has to agree. But don't give up. In these cases, I first see if there is a possibility of terminating removal proceedings based upon the convcition record as it relates to the immigration requirements. If not, then I evalute the case for a proper waiver. Please have a FULL AND COMPLETE evaluation done. best regards.

  7. You should consult with an experienced immigration attorney who can evaluate your past criminal conviction. ASSUMING your conviction is not a conviction for an immigration "aggravated felony," you may be eligible for certain forms of relief in removal proceedings. With respect to applying for naturalization while in removal proceedings, Immigration & Nationality Act (INA) section 318 provides in relevant part: "[N]o application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this or any other Act." If, but for the fact you were in removal proceedings and were otherwise eligible for naturalization (meaning your conviction was outside of the time you need to show "good moral character" for naturalization purposes) and you were inclined to try to file a naturalization application, I would argue to USCIS that INA 318 does not prevent you from filing it. I would argue INA 318 simply prohibits USCIS from making a decision on what you file. Moreover, there is an additional regulation that, under the right circumstances, permits an immigration judge to terminate removal proceedings to allow a respondent to proceed to a final determination on a pending naturalization application. In addition to reviewing arguments such as this, you may also wish to have an immigration attorney review your life history to see, for example, whether one or both of your parents naturalized while you were a minor and whether you might have a claim to derivative citizenship through one of them. Again, consult with an experienced immigration attorney.

  8. The short answer is that you cannot naturalize while you are in Removal Proceedings. I cannot over emphasize the importance of you consulting an experience Immigration attorney and possibly hire one to represent you in your Removal Proceedings. You may qualify for a relief such as Cancellation of Removal, 212 (h) waiver, etc. You should also ask your attorney to check if you derived citizenship from your parents before your turned 18. Good luck.

  9. he best action you can take for yourself is to hire an experienced immigration attorney and I suggest an attorney also familiar with criminal law. There may be steps you can take in the criminal court - post conviction relief - to reduce or get the conviction dismissed.
    There are a few defenses to your removal but the case is not a simple one.

    Kyndra L Mulder, Esquire
    386 246 6888

  10. If you are in removal proceedings, you have to apply for a way to save your green card. If you win, it may be possible for you to apply for citizenship later.
    I highly recommend that you consult an immigration attorney experienced in removal defense because certain convictions bar eligibility for some forms of relief. Best of luck!

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