I am a green card holder that got put in deportation proceedings on a old criminal conviction, My criminal case is on direct appeal immigration missed that and ordered me deported
You probably will be unable to challenge the Immigration Court's decision unless and until your criminal conviction is overturned.
Confusing. You call it an "old" criminal conviction, yet you state that the conviction is on "direct appeal".
Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.
Your question and set of facts are confusing. I hope you'll be able to have an excellent criminal defense lawyer to be able to launch a "collateral attack" on that "old criminal conviction" and have the sentence overturned, otherwise you are "dead meat" as far as your immigration status goes as they say in Chinese..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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