Served 3 yrs in Prison and now being detained by INS. Been in the states for over 30 years, no family in home country and two citizen children here. Would it be beneficial to file a Habeas Corpus?
It would be very important to have an immigration attorney review the criminal conviction documents to determine whether the criminal conviction is actually an aggravated felony under the immigration law. The definition of aggravated felony for immigration purposes is complicated, not all felonies fall under this category. Also, more information would be needed regarding the individual's personal circumstances to adequately answer your question. Filing a petition for habeas corpus would not be beneficial unless the individual was being unlawfully detained.
There is not enough information here. What did he serve 3 years in prison for what crime? When was he convicted? Did he plea guilty? What country is he from?
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More information is needed. Speak to an experienced immigration attorney near you. Habeas corpus might be relevant in certain specific situations, but again, there is not enough information here.
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It doesn't sound good.
(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.
Yes, 212h Waiver allows for this in some circumstances, depending how he became an LPR
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I agree with my colleagues.
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