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Immigration individual hearing dec, 6 2012 what will happen in those hearing can we win cancellation of removal what are chances

Tacoma, WA |

im us citizen married to my husband you was arrested in 2010 for assult or domestic violence 4th degree , no contact order was place, i went to court to cancel the order it was cancel i speak to prosecutor my husband ended up getting a disordly conduct instead of the domestic violence in his record , my husband had a dui in yr 2001 wich he paid off his ticket attend to school nd never again got into trouble exempt for 2010 with disordly conduct he was detainned in ice got him out with bond , already attenden master hearing nd now individual hearing coming up , we have 11 yr old boy from my previews marrige and i have a 2 yr old and currently expecting my third by december 15 close to the individual hearing , me and my kids are us citizens want to know if what r posibilitys of winning this

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Attorney answers 4

Best Answer
Posted

One of the bars (impedimientos) to obtaining cancellation of removal relief is the "lack (falta) of good moral character (GMC)". Based on your description above, I think your husband will be able to prove GMC, since one "disorderly conduct" and DUI conviction should not be enough to bar husband from this relief.

Whether or not the Cancellation relief will be ultimately granted by the judge and instead of getting deported your husband will obtain a green card willl depend on the additional factors am listing below:
1, Whether or not you are represented by a competent immigration attorney in court;
2. The migration consequence, i.e. severity of your husband's disorderly conduct conviction, whether or not it's a "crime of moral turpitude' (don't think so) - also the DUI, and the significance, impact of those two convictions taken together;
3. How hard will the "prosecutor" representing ICE will want to go after your husband;
4. Your husband's ability to adequately document his physical presence in the country during the statutorily required number of years, and
5. Whether or not you need to demonstrate that your husband's deportation will cause extreme and highly unusual hardship to you the US citizen spouse, and last, but not least:
6. The personality and style of the judge - will he be sympathetic to your husband, or will he/she instead side with the prosecution and ask "cross examination" style questions from your husband, instead of acting like a "neutral" arbiter..

I hope you have a good attorney. Best of luck!!

Behar Intl. Counsel 619.234.5962 Kindly be advised that 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.

Asker

Posted

thanks soo much for your answer, we do have a immigration lawyer but i wanted to have more opinions , i also was diagnose with gestatinol diabetes and in my last pregnancy i when thru a postpartum depression im afraid if my husbands gets deported ill go thru that again since my delivery its rlly close to his individual hearin that means i will show up at the seattle wa individual hearing very pregnant. my husband entered usa ilegally in 999 and when out in nov 2007 and came back in feb 2008 we are fighting for his ten yrs presence n he has that gap only he has kept most of his pay stubs and w2 forms since his lived in usa , im worried that gap will make the case denied? my attend church every sunday nd on a onthly plan to help kids saint jude childrens hospital, he has worked all his life since he entered usa 99 - till current he has a stable job his worked 2005- till current his done some taxes but not all we r planing to take care of that before individual hearing im worried and stress that things would come out looking good also i want to know what happens if he gets denid is their any more options for him ??? thanks

Asker

Posted

when he left to mexico in nov 2007 he went because his 72 yr old mother is sick she has heart problem we also have a letter from her mexcio doctor that states she has heart problems , when he came back to usa he didnt get caught or check by no border patrol , he was their for no more than 90 days when he came back ? will this hurt his ten yrs presence?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You will need to follow your lawyer's advice in all this. To hear multiple opinions, without knowing as much as lawyer, will not advance your case.

Posted

The judges in WA and OR are quite 'tough' on these cases ... especially if this is a non-LPR cancellation, vs a LPR cancellation application.

Don't go without an attorney ... no matter how 'great' you think your facts are ... I've seen the judges deny more often than approve if people don't have an attorney to present a well-organized case.

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.

Asker

Posted

thanks soo much for your answer, we do have a immigration lawyer but i wanted to have more opinions , i also was diagnose with gestatinol diabetes and in my last pregnancy i when thru a postpartum depression im afraid if my husbands gets deported ill go thru that again since my delivery its rlly close to his individual hearin that means i will show up at the seattle wa individual hearing very pregnant. my husband entered usa ilegally in 999 and when out in nov 2007 and came back in feb 2008 we are fighting for his ten yrs presence n he has that gap only he has kept most of his pay stubs and w2 forms since his lived in usa , im worried that gap will make the case denied? my attend church every sunday nd on a onthly plan to help kids saint jude childrens hospital, he has worked all his life since he entered usa 99 - till current he has a stable job his worked 2005- till current his done some taxes but not all we r planing to take care of that before individual hearing im worried and stress that things would come out looking good also i want to know what happens if he gets denid is their any more options for him ?? when he left to mexico in nov 2007 he went because his 72 yr old mother is sick she has heart problem we also have a letter from her mexcio doctor that states she has heart problems , when he came back to usa he didnt get caught or check by no border patrol , he was their for no more than 90 days when he came back ? will this hurt his ten yrs presence?

F. J. Capriotti III

F. J. Capriotti III

Posted

Only the Immigration Judge can decide if a 90 day absence is a 'break' in his 10 years+ in the US. Good luck.

Posted

Now, the major question is what have you done to win this case? Do you have a lawyer? If so, you are probably advised on how to prepare for your individual hearing. There should be good evidence of your and your children's hardship and your husband's good moral character. Without evaluating this evidence, it is impossible to predict an outcome of your case.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

Asker

Posted

thanks soo much for your answer, we do have a immigration lawyer but i wanted to have more opinions , i also was diagnose with gestatinol diabetes and in my last pregnancy i when thru a postpartum depression im afraid if my husbands gets deported ill go thru that again since my delivery its rlly close to his individual hearin that means i will show up at the seattle wa individual hearing very pregnant. my husband entered usa ilegally in 999 and when out in nov 2007 and came back in feb 2008 we are fighting for his ten yrs presence n he has that gap only he has kept most of his pay stubs and w2 forms since his lived in usa , im worried that gap will make the case denied? my attend church every sunday nd on a onthly plan to help kids saint jude childrens hospital, he has worked all his life since he entered usa 99 - till current he has a stable job his worked 2005- till current his done some taxes but not all we r planing to take care of that before individual hearing im worried and stress that things would come out looking good also i want to know what happens if he gets denid is their any more options for him ??? when he left to mexico in nov 2007 he went because his 72 yr old mother is sick she has heart problem we also have a letter from her mexcio doctor that states she has heart problems , when he came back to usa he didnt get caught or check by no border patrol , he was their for no more than 90 days when he came back ? will this hurt his ten yrs presence?

Posted

I would advise you to contact an attorney who has experience in both immigration and criminal law as soon as possible. Although it sounds like your husband's domestic violence offense was reduced to disorderly conduct, he may still be ineligible for cancellation of removal based on having committed an offense of domestic violence. I highly recommend you speak with an experienced attorney as soon as possible to review your husbands court records and give you more specific advice as to how to proceed.

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