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What will likely happen if immigration come and get my parents. They have been convicted of a felony and one misdemeanor.

Savannah, GA |

My parents have been convicted with a felony for commercial gambling and one misdemeanor.
Also they're undocumented in the U.S. the probation officer came and told them they had called the INS. My dad been in U.S. for 14 years and my mom been here since 8 years. what will happen if immigration come and get them? please let me know.

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Attorney answers 7

Posted

You need to discuss this with an immigration lawyer. Contact Carlos Solomiany at 404-812-4300.

Posted

You should contact an immigration attorney to review the convictions to check whether it's for a crime involving moral turpitude or an aggravated felony. Since they are here illegaly, also it's important to evaluate if there's any immigration relief for which they qualify.

Posted

I agree with my colleagues. Your parents need the services of an immigration attorney asap!

Posted

A foreign national who has been convicted of a felony could face serious immigration consequences, including removal from the US. It is crucial that you get the help of a qualified immigration attorney.

Asker

Posted

yes, and is this is a moral turpitude or aggravated felony? Commercial Gambling. Also from your name I can tell that you're indian. I am indian as well and this is my family's case.

Rajesh Nakchhed Prasad

Rajesh Nakchhed Prasad

Posted

I would recommend hiring a local immigration attorney because your parent's situation most likely will involve proceedings before the immigration judge if Immigration and Customs Enforcement (ICE) initiate removal proceedings. Additionally, only an attorney will be able to analyze whether the criminal convictions will lead to removal and recommend any available reliefs.

Posted

I agree with my colleages. Your parents should contact an immigration attorney immediately.

Posted

I agree with my colleagues. The question becomes whether the conviction constitutes an aggravated felony or merely a crime involving moral turpitude (CIMT). One CIMT conviction will not subject them deportation on criminal related grounds so long as it occurred more than 5 years after their admission. And aggravated felony conviction dooms them. That said, since they are undocumented they may be taken into custody, and immigration court proceedings will be instituted for their other immigration law violations. the question then becomes if they are subject to the mandatory detention provisions of the law.

Bottom line, they need good representation now.

Asker

Posted

Mr. Kolken I was searching online and Commercial Gambling is not an aggravated felony nor its in Moral Turpitude and yes they did got convicted after 5 years. Will they be deported? and this is the only crime they've in the history. I don't know If I am wrong but this is what I found from Immigration website--- Violations of regulatory laws: - Violations of regulatory laws generally are not crimes of moral turpitude. Among other offenses, this category includes gambling and drunk driving.

Matthew L. Kolken

Matthew L. Kolken

Posted

In order to give you a complete answer I must review the exact criminal section of law that they have been convicted under, the record of conviction, and research how the Courts have interpreted the offense. I simply am unable to provide you an answer without first doing that. Call my office if you would like to schedule a conference to speak to me. 716-854-1541.

Posted

It's not a matter of "if" they get your parents, it is a matter of when. Contact an immigration attorney ASAP as they may be able to advise your family and get them released on a bond ASAP. My firm handles deportation defense.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, 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.

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