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Resident Alien.... First Ever felony charge. Will I be deported?

Dallas, TX |

i am charged with theft 1500 - 20k. first time ever in trouble like this. dallas, tx.

business deal that i mishandled. did not finish the job.

arrested, posted bond.

now, trying to get extensions so i can find a good lawyer.

this is the only life i ve ever known. i am as american as can be. i love this country.

i understand ins got tougher since 9/11, but this was just a private deal gone bad, that's all. in fact, it was my full intention to correct the situation when i got back on my feet. actually became homeless for a while after this project.

please advise.

Attorney Answers 4


  1. if you get found guilty or plead guilty, there is a good chance you will face deportation. I suggest hiring yourself a good lawyer.


  2. Theft of over 10k can be considered an aggravated felony and subject you to deportation. Whenever presented with an issue such as yours, I recommend the foreign national retain a deportation attorney to advise and consult with during the criminal process. What charge you plea guilty to, the amount of loss to the victim and the amount of incarceration time all play integral roles in determining whether or not you are deportable.


  3. You may have relief available but you need to contact an immigration lawyer with experience in deportation cases. When you consult with prospective lawyers you will need to provide court dispositions and police reports. Your sentence and actual loss to the victim will be critical elements to determine your deportability.

    An attorney will need to assess whether your crime falls may be classified as an aggravated felony for immigration purposes. If an immigration judge finds that your crime is an aggravated felony, then you are not eligible for Cancellation of Removal. However, you may be eligible to readjust your status with a 212h waiver, only if you originally adjusted your status. This is new case law under Martinez v. Mukasey. (5th Cir.)

    If you don't have an aggravated felony, that you may be eligible for Cancellation of Removal for an LPR. To find you elgible for this defense you will have to show that you've been an LPR for over 5 years and that you have over 7yrs. continuous presence in the U.S.

    Please consult with an immigration lawyer immediately. Best of luck.


  4. You may have relief available but you need to contact an immigration lawyer with experience in deportation cases. When you consult with prospective lawyers you will need to provide court dispositions and police reports. Your sentence and actual loss to the victim will be critical elements to determine your deportability.

    An attorney will need to assess whether your crime may be classified as an aggravated felony for immigration purposes. If an immigration judge finds that your crime is an aggravated felony, then you are not eligible for Cancellation of Removal. However, you may be eligible to readjust your status with a 212h waiver, only if you originally adjusted your status. This is new case law under Martinez v. Mukasey. (5th Cir.)

    If you don't have an aggravated felony, then you may be eligible for Cancellation of Removal for an LPR. To be eligible for this defense you will have to show that you've been an LPR for over 5 years and that you have over 7yrs. continuous presence in the U.S.

    Please consult with an immigration lawyer immediately. Best of luck.

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