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In 2011 my close friend was sentenced for immigration marriage fraud and few other immigration related charges,

New York, NY |

She got 3 years of probation. She has 3 years old child USC, her husband is LPR, but he is going to apply for citizenship very soon. She is a legal permanent resident herself, entered the country in 2001 and got her permanent status in 2006. Her husband has severe depression, he is under psychiatric care and cannot take care of himself and their child without her. She has very good recommendations from everywhere. If there are any chances she would not be deported? This is about immigration and deportation.

Attorney Answers 5

Posted

There is not enough information here. Did she plead guilty to the charge? Where did it happen? Was it a federal case? Is she in Immigration proceedings? Was her husband charged with anything? Did she have a criminal attorney? They should consult with an Immigration attorney ASAP.

This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.

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2 comments

Asker

Posted

Yes, she did, it happened in NYC, that was a federal case, she is not in the proceeding now, but she believes that they may come after her. Her husband was not charged with anything, she had a criminal attny.

Alena Shautsova

Alena Shautsova

Posted

We need to know specific charges: she needs a copy of disposition of the case; transcript of guilty plea and sentencing; time lineof what happened when, etc.

Posted

Not enough information.

If she was convicted of marriage fraud, her LPR status has probably been terminated.

Meet with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Posted

More likely than not she will be placed in removal proceedings. The sooner she hires an attorney the better. My firm is experience with criminal immigration matters in NY.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, 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.

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2 comments

Asker

Posted

Yes she understands it. But if there is a probability the proceedings may be terminated? Thank you a lot. I will give her your contact details.

Nicklaus James Misiti

Nicklaus James Misiti

Posted

Your question is like telling a doctor your friend has cancer and asking them what the probability is it will be cured. The doctor needs to review the patients history, evaluate them, possibly research the issue and at that point they will have a better idea. It is the same situation with your question, your friend needs to take all of her paperwork to an attorney, discuss what happened with the attorney, and the attorney can determine her chances. You aren't going to solve an complex question like this online for free. Like you said, give her my number and have her call me.

Posted

I agree with my colleagues--this person needs to contact a lawyer as soon as possible.

Please contact (212) 901-3799 for more information. Mr. Goldman's 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. Goldman's statement above does not create an attorney/client relationship.

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Posted

I believe what you are wondering is whether the wife might obtain a hardship waiver if her husband obtains U.S. citizenship. It would be the hardships of the U.S. citizen that might save the wife from being removed from the U.S. Based on what you wrote this is a possibility, but you will likely need to have a paid consultation with an attorney to help sort out an immigration plan. Kind regards, Allan

This information is general in nature and is not legal advice to be relied upon for any particular matter.

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