My boyfriend was convicted of aggravated identity fraud. He’s served his sentence & is in ICE. We need help fighting deportation
4 attorney answers
I spoke with you earlier on the telephone. As a refresher; An “aggravated felony” is defined in the
Fraud Offenses with loss in excess of $10,000; Passport or document fraud with imprisonment of at least one year (exception for first offense and assisted with immediate relative);
The conviction is also an Aggravated Felony as a result of the prison term.
Having an aggravated felony conviction subjects a non U.S. citizen to mandatory detention during deportation proceedings, disqualifies an alien from voluntary departure, disqualifies an alien from being granted asylum and may be considered a “particular serious crime” which would disqualify the alien from receiving withholding of removal. The AF is not eligible for bond. A person who has been convicted of an aggravated felony is also permanently barred from becoming a United States citizen.
Secondly, your boyfriend currently has no basis for remaining in the United States. As his girlfriend you do not qualify to sponsor him. If you were to marry you will qualify to sponsor him but the AF may result in his being inadmissible regardless.
I can review the conviction if you would like to determine whether there is any argument that can be presented to establish that the conviction is NOT an AF and he is eligible for a waiver. If you would like me to review the record please call me back.
Your boyfriend is in Baker County. his case will be heard at the Orlando Immigration Court. However, he does not go to the court. He will appear by televised appearance in the courtroom. his attorney must appear in court on his behalf. If ordered deported he will most liokely be sent to Krome in miami and be deported from there.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. For additional discussion regarding your personal situation a scheduled consultation is required.
Removal proceedings would not be in the Jacksonville area, because there is no Immigration Court. The nearest Immigration Court is in Orlando, and persons detained in Jacksonville typically have their cases heard in the Orlando Immigration Court. However, due to the case involving a criminal conviction, it is also possible that he could be transferred to Krome or Glades, in which case his hearing would be at either the Krome Immigration Court or the Miami Immigration Court. It is generally best to look for an attorney who is local to the Immigration Court where the proceedings will take place, because attorneys do typically charge more to travel. Once you have determined the location of the removal proceedings, you can contact local attorneys. As my colleagues have pointed out, we are prohibited from contacting you to offer our services. You must reach out to us.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
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