garymurphy18

Hi there,

I have been a permanent resident for the last 18 months, after about 7 years of working on and off in the United States. About 3 months ago, I was involved in a bar fight and I am currently being charged with 2nd degree assault (This is my first time being involved with the law). The court process has been dragging on with no real end in sight.

After reading online and discussions with my lawyer, if I am convicted with a felony then deportation is certain.

I guess I'm here to ask for some advice/experience on the whole process as well as some additional questions.

1. Is deportation definite?
2. How long after a conviction (if this happens) will it take for me to be deported?
3. Does being married to a US citizen help my case?
4. Will my conviction follow me into a different country?

Not sure if this makes a difference but I am a GBR citizen.

Thanks,

Gary

Noorah101

I am definitely not a lawyer, and you have your own lawyer who should be helping you with these very serious questions.

However, I can tell you that being married to a USC probably doesn't do anything for you, if indeed it comes to removal from the USA. If you do end up getting removed, perhaps you can re-apply to immigrate, if you qualify for a waiver. But definitely work with your immigration attorney rather than taking advice from laymen on an internet forum like this.

Rene

garymurphy18

Thanks!

I currently only have a criminal lawyer as it's still in the beginning stages but I'm going to speak to an immigration lawyer soon. I was looking for some actual experiences of the process as most of the things I've read are case by case.

Gary

Noorah101

Ah, I see. Yes, you will definitely want to consult with an immigration attorney. Since you already know these things are on a case-by-case basis, hearing about other people's experiences probably won't help you much.

I'm not sure anyone on here has gone through removal procedings and then came back, though.

Rene

hungryhorace

Why do you think you will be convicted of a felony, given 2nd degree assault is a misdemeanor?

bewildering

"Aggravated felonies generally include very serious crimes, such as murder and rape and drug dealing. However, even relatively minor offenses may be classified as “aggravated felonies.” For instance, in Maryland second degree assault is a misdemeanor, but it carries a maximum sentence of ten years. A conviction for second degree assault – possibly for getting into a fight with someone at a bar – coupled with an imposition of a sentence of incarceration of one year or more will be classified as an “aggravated felony.”"

MarylandNed

It depends on where you live. In New York, 2nd degree assault is a class D felony punishable by up to 7 years in prison. In Maryland, it's a misdemeanor punishable by up to 10 years in prison.

garymurphy18

It is being classified as an "aggravated assault" because there were allegedly bottles thrown during the incident and they are saying it was use of a deadly weapon (even though there was nothing found). Also, in the state of CO there are mandatory prison sentences over the 12 months whether they are served or not.

I guess my main question is if anybody knows, if someone was to be convicted how long/how are they deported. Are they detained there and then or do they have a certain number of days to leave.

civilservant

I don't think anyone here can answer your questions - you'll need to talk to an attorney that specializes in these sorts of immigration problems if it comes to that.

hungryhorace

My understanding is that if the Feds consider a crime an aggravated felony, regardless of the state consideration of the offence.

A 'crime of violence under 18 USC 16' [1]
is listed as an aggravated felony if the sentence is >= 12 months in prison.

Looks like the OP needs to hope for 1) not being convicted, obviously and 2) a sentence of less than 12 months in prison IF he is considered for prison time.

[1]
http://www.law.cornell.edu/uscode/text/18/16

The term “crime of violence” means—
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

MarylandNed

You wouldn't be deported immediately if there is a custodial sentence involved. You'd have to serve any prison time first. After the conviction and after serving any prison time, you would be automatically detained by federal immigration authorities and can be deported without a judicial hearing. You would not be allowed back into the US without permission from the US government.

You might want to read this:

http://www.washingtonpost.com/blogs/...y-deportation/

"Many crimes are classified as "aggravated felonies" if they carry a sentence of one year—regardless of whether that sentence is actually imposed or carried out in full. Immigrants convicted of such crimes are automatically required to be detained by federal immigration authorities after they're released from criminal custody and can then be summarily deported without a hearing before a judge. Aggravated felons are also ineligible for asylum or reprieve from deportation by a change due to family hardship, and they're prohibited from ever returning to the United States without special permission from the government. (Permanent residents are granted a hearing, but the judge still has limited authority to prevent deportation.)"

hungryhorace

As you're a LPR, they (the Federal government) cannot summarily remove you from the United States without a hearing before an immigration judge.

The charge 'with a deadly weapon' looks like another trumped up charge; American cops are infamous for this I'm learning. American approach to 'justice' is akin to England in the 1600's, but that's for another argument, another day.

Good luck.

hungryhorace

I was of the understanding a hearing had to take place first, where an IJ could cancel the deportation order?

garymurphy18

Thanks for everyone's advice.

I will continue to research and retain appropriate lawyers.

henryh

Yes, you should focus on finding both a good criminal lawyer and a good immigration lawyer with experience dealing with criminal matters. They will work together to obtain the best outcome for you. It's possible that that might involve a plea deal, so it's in your interest to find *both* lawyers sooner rather than later.