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Will class B felony put someone in removal proceedings?

Nashville, TN |

Legal immigrant is being charged with class B felony.
Received offer from DA to plead down to lower class felony with probation and no jail time.
Will this plea cause the individual to be put into removal proceedings?

Attorney Answers 3


I agree with the other attorneys. This is very serious and very specific. It doesn't matter if a felony is reduced, even misdemeanors can cause severe immigration consequences. You are going to need to take the criminal documents to an immigration attorney, retain them, and have them have a serious discussion with your criminal attorney. If you decide not to do this and to just accept a plea you are putting your legal status in jeopardy.

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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I--and any decent immigration attorney--will need a TON more information before that question can be answered.

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1 comment

Mark Robert Barr

Mark Robert Barr


For example, what exactly are you being charged with? When did you become a green card holder? Do you have any other arrests, charges or convictions in your history, anywhere else in the world? Where are you currently facing charges? Is this where you live, and where you intend to live? What is the alternative charge that is being offered? What is the maximum penalty under the statute--for the initial charge, and the proposed charge? Will it be an offer to stratight probation, or an initial sentence to jail time that is immediately suspended in lieu of probation? And, finally, regardless of what you're being charged with, or what you end up pleading to, what actually happened to get you in trouble?


More info is needed.

Do NOT take the plea bargain deal w/o consulting an immigration attorney in private.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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