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I am a legal green card holder but im in removal proceeding can i still apply for citizenships. an how can i fight my case

Orlando, FL |

I came to the united state when i was 7 years old i graduated high school and now attending college becuase i took a plea deal to child abuse it subject me to deportation this was my first charge in my whole life i wish to know the best way to fight this case i know nothing about my country an i never been there since i left please inform me the best way to fight my case

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Attorney answers 10

Posted

You may have several defenses to removal available to you. the best way for you to fight your removal proceedings is to retain legal assistance from an immigration attorney as soon as possible.

321.208.7324
immigration@rbrownllc.com
www.brownimmigrationFL.com

Robert Brown LLC
Baldwin Park Center
4767 New Broad Street
Orlando, Florida 32814

Posted

Depends on the conviction. Generally, a permanent resident convicted of a crime involving child abuse, which is an aggravated felony, can be removed from the U.S., and is ineligible for any relief other than protection under the Convention Against Torture, or similar provisions.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

sir my charge is not aggravated it just child abuse i was just release from the detention center in miami i saw the judge she gave me cancellation the state charge me with child abuse statue code 827.03(1) is there any other defense i can use i really would like help

Asker

Posted

my first charge was lewd or lascivious battery but the state nlle prolls that so i took the plea

Posted

You hire an immigration attorney in Florida and a good one and you do that as soon as possible. You can look for one on AVVO. I can suggest some good ones in Florida too.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

Eligibility for relief depends on your conviction. If you were convicted of a child abuse crime, you may be ineligible for relief and can be removed from the U.S. except for protection under the Convention Against Torture. My best advice would be to immediately consult with an immigration lawyer to determine if you have defenses to removability.

Asker

Posted

i had plea no contest but there stander it conviction

Asker

Posted

may i ask what is the convention against torture act

Posted

Not while in removal proceedings.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

how would it effect me sir if you dont mind me asking

J Charles Ferrari

J Charles Ferrari

Posted

How would what affect you? You really need to retain an experienced immigration attorney that does removal cases if you wish to have a chance of remaining in the US.

Asker

Posted

if i apply for citizenship while in removal an im doing that as soon as i can

J Charles Ferrari

J Charles Ferrari

Posted

Why did you not read my original response. You CANNOT do so.

Asker

Posted

well think you sir

Asker

Posted

i respect your knowledge do you have any other suggestion or ideas that can help me the judge already gave me bond to fight my case on the outside also with cancellation of removal but there have to be more then one way to fight my case beside that

Posted

Hello. In order to terminate proceedings, the DHS has to agree. But don't give up. In these cases, I first see if there is a possibility of terminating removal proceedings based upon the convcition record as it relates to the immigration requirements. If not, then I evalute the case for a proper waiver. Please have a FULL AND COMPLETE evaluation done. best regards.

Posted

You should consult with an experienced immigration attorney who can evaluate your past criminal conviction. ASSUMING your conviction is not a conviction for an immigration "aggravated felony," you may be eligible for certain forms of relief in removal proceedings. With respect to applying for naturalization while in removal proceedings, Immigration & Nationality Act (INA) section 318 provides in relevant part: "[N]o application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this or any other Act." If, but for the fact you were in removal proceedings and were otherwise eligible for naturalization (meaning your conviction was outside of the time you need to show "good moral character" for naturalization purposes) and you were inclined to try to file a naturalization application, I would argue to USCIS that INA 318 does not prevent you from filing it. I would argue INA 318 simply prohibits USCIS from making a decision on what you file. Moreover, there is an additional regulation that, under the right circumstances, permits an immigration judge to terminate removal proceedings to allow a respondent to proceed to a final determination on a pending naturalization application. In addition to reviewing arguments such as this, you may also wish to have an immigration attorney review your life history to see, for example, whether one or both of your parents naturalized while you were a minor and whether you might have a claim to derivative citizenship through one of them. Again, consult with an experienced immigration attorney.

Asker

Posted

you know your stuff i almost didnt understand what you said but my grandma brought me here at 7 she was a citizen and my mom just became citizen

Asker

Posted

i plea nollo contender for child abuse

Kevin D Slattery

Kevin D Slattery

Posted

Again, you should speak with an immigration attorney and have him/her review your situation. Any competent lawyer will have many questions for you to try to figure out what options may be available.

Asker

Posted

ok i was just considering apply citizenship since my felony not aggravated and the judge gave me withhold adjudication

Kevin D Slattery

Kevin D Slattery

Posted

You need to speak with an immigration attorney. Immigration law defines things differently than criminal law. Just because a state law does not call an offense an "aggravated" offense does not mean that immigration law treats is similarly. Moreover, in immigration law, even a state misdemeanor offense can be considered an "aggravated felony." Furthermore, a "withhold adjudication" in criminal law can still be considered a "conviction" in immigration law. You should speak with an immigration attorney.

Asker

Posted

think you

Posted

The short answer is that you cannot naturalize while you are in Removal Proceedings. I cannot over emphasize the importance of you consulting an experience Immigration attorney and possibly hire one to represent you in your Removal Proceedings. You may qualify for a relief such as Cancellation of Removal, 212 (h) waiver, etc. You should also ask your attorney to check if you derived citizenship from your parents before your turned 18. Good luck.

Asker

Posted

how do u qualify for 212 waiver or etc this the only thing on my record im a college student i know my charge not aggravated cause the judge gave me cancellation but i need kno mor option beside that plus i want to go the army i came the u.s at 7 years old thinks to y grandma filing for me an my mother but my mother became citizen when im 19 im not 21 yet

Elan Baret

Elan Baret

Posted

Are you saying that the Judge granted your cancellation or removal application? If that is the case you are no longer in removal proceedings and that changes everything. In that case you may be eligible for naturalization assuming the arrest occurred more then 5 years ago and there are no other issues such as child support or if you owe federal taxes etc. Again, I recommend that you contact an experience immigration attorney that will review your file and advise you accordingly.

Posted

he best action you can take for yourself is to hire an experienced immigration attorney and I suggest an attorney also familiar with criminal law. There may be steps you can take in the criminal court - post conviction relief - to reduce or get the conviction dismissed.
There are a few defenses to your removal but the case is not a simple one.

Kyndra L Mulder, Esquire
386 246 6888

Asker

Posted

who do u have in mind

Kyndra L. Mulder

Kyndra L. Mulder

Posted

I work out of the Orlando Immigration Court and also practice criminal law. You may contact my office at 386 246 6888 to set up a consultation. Thank you, Kyndra L Mulder, Esquire 386 246 6888 immigration@MulderLawOffice..com -------- Original Message -------- Subject: Someone has commented on your answer

Posted

If you are in removal proceedings, you have to apply for a way to save your green card. If you win, it may be possible for you to apply for citizenship later.
I highly recommend that you consult an immigration attorney experienced in removal defense because certain convictions bar eligibility for some forms of relief. Best of luck!