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Can I do a sentence modification for a misdemeanor in VA that occured in 2003.

Manassas, VA |

My husband is being detained by ICE because of an attempted petit larseny that ended up with a 12 month dismissed sentence in 2003. However ICE has him in removal procedures now. He is an LPR and has been since he got here in 1993.

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Attorney answers 3

Posted

More information is needed. A "suspended sentence" may be used for removal purposes. However, it is unclear whether he can be released on bond redetermination and pursue what is known as permanent resident cancellation.

I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

Asker

Posted

Yes it was suspended, he didn't have to serve any of it. They told us he is not eligible for bond because of the aggravated felony.

Posted

We need more information to advise you

Asker

Posted

in 2003 him and his friend tried to take a muffler from a car but ended up doing nothing but break a car window, which they payed for and the owner of the car dismissed the charges but they had to go against the state. But because of the sentence being 12 months ICE is looking at it as an aggravated felony.

Posted

Is this his only conviction?

Asker

Posted

Yes, in 2003 him and his friend tried to take a muffler from a car but ended up doing nothing but break a car window, which they payed for and the owner of the car dismissed the charges but they had to go against the state.

Asker

Posted

But because of the sentence being 12 months ICE is looking at it as an aggravated felony.

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