I've been deported on aggriveted felony to india need help fileing hardship waiver

Asked over 4 years ago - California

i came to the u.s when i was 8 months old back in 1979 i lived there my hole life with a greencard. i dont have a single family member here.im also married to a u.s citizen shes here with me to.its very hard for us we both dont speak indian and the crime rate is so hard over here. there are no jobs. also the news paper warns u.s citizen not be here because of terreister acts over here. my wife is so sad because she cant be there to see her sick granparents also our hole family.mom and dad are also u.s citizen. i took my first steps and said my first word in the u.s school,everything i need a good lawyer to help me

Attorney answers (3)

  1. Robert Lee Marshall

    Contributor Level 20

    Answered . Unfortunately, there's nothing anyone can do to help you, at least under current immigraton law.

    Criminal defense attorneys who represent non-citizens will try to avoid an aggravated felony conviction at all costs.

    An aggravated felony is the worst possible type of conviction for a non-citizen. Aggravated felonies include murder, rape, sexual abuse of children and drug trafficking; some other felonies -- such as burglary, theft and crimes of violence -- become aggravated felonies with a sentence of a year or more.

    A person convicted of an aggravated felony is deportable and permanently excluded from the United States. You could be sent to federal prison if you are caught in the US, or even trying to reenter.

    This law is harsh and often breaks up families, but lawyers can't change the law. Only congress can do that.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . Unfortunately, there's nothing anyone can do to help you, at least under current immigraton law.

    Criminal defense attorneys who represent non-citizens will try to avoid an aggravated felony conviction at all costs.

    An aggravated felony is the worst possible type of conviction for a non-citizen. Aggravated felonies include murder, rape, sexual abuse of children and drug trafficking; some other felonies -- such as burglary, theft and crimes of violence -- become aggravated felonies with a sentence of a year or more.

    A person convicted of an aggravated felony is deportable and permanently excluded from the United States. You could be sent to federal prison if you are caught in the US, or even trying to reenter.

    This law is harsh and often breaks up families, but lawyers can't change the law. Only congress can do that.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

  3. Anish Vashistha

    Contributor Level 8

    Answered . Sir, I understand the difficulty you're facing. The first step to resolving your immigration matter is to analyze the criminal conviction that was determined to be an "Aggravated Felony." If there were any errors in the criminal case, you may likely be eligible for post-conviction relief in which the conviction would be taken off your record. A close examination of all the criminal records in your case would be required before such a determination could be made.

    If indeed you are eligible for post-conviction relief, then you would need an attorney skilled in criminal-immigration matters to pursue it for you. It appears that you have a number of equities including multiple U.S.-citizen family members. However, the law requires that you move quickly for post-conviction relief, so you should not delay.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,953 answers this week

2,970 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,953 answers this week

2,970 attorneys answering