I committed a criminal offense about 12 years ago in 2005. I was ruled as a strong arm robbery in California the code is 211, I served 9 months in jail with 5 yr probation. I have all my paperwork on it, I also payed all restitution fees and other court fees. I saw a lawyer about 2 years ago and he said he couldn't represent me because of the time I had committed the crime "before the time it I could still be pardon" he said, I migrated from Fiji as a permanent resident in June 1998. I would like to become a citizen, I have a 10yr old son my wife is a U.S citizen, I have a good credit score, have a good job, I am the only bread winner in my family and I recently purchased a home,please if any one will be willing to help me. Also, I had to renew my visa a year later after I got out from jail, I told them about my criminal history and they renewed it. My visa is expiring in 2018 and will have to go to the process over again. What are my chances that my visa will get renewed for another ten years? Should I be worried?
I would really appreciate it!!!
Since so much time has passed, you should consult with an excellent lawyer in your area (specializing in the immigration consequences of criminal activity) who can assess the risks of possible removal and possibilities of a successful naturalization application. It's impossible to provide such an assessment on this forum. Good luck to you.
If your conviction could be classified as an aggravated felony under US immigration law then your possibilities for getting legal status will be extremely limited. The only way to answer your questions is to do an analysis of the criminal statute under which you were convicted. Please consult with an immigration lawyer in your area who is experienced with this area of immigration law.
This response does not constitute legal advice, as not all of the facts are known to me. This response does not establish an attorney-client relationship. I recommend you meet with an attorney to discuss your situation.
If your crime is an aggravated felony, you could be deported from the US.
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 is not one that can be answered sufficiently in an online forum. You need to retain an attorney to thoroughly review your case and guide you through the process. Many attorneys on Avvo provide free consultations through Skype. You can contact an attorney through Avvo by clicking on their name.
L. Ford Banister, II
U.S. Immigration and Consular Processing Attorney
You need an attorney familiar with both immigration and criminal law, ideally California state criminal law, to advise you. This is a complicated case.
These responses are general and could vary depending on individual facts. As always, it is best to seek the advice of an attorney when pursuing any immigration benefit.
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