davidvincent

my son was served a immigration detainer and is being held pending investigation :
He has been GC holder since december 2005 although we applied in 2001 for it the INS lost the application:
He was found guilty of a petty larceny charge - a crime of moral turpitude and this triggered the detainer:
He violated probation and instead of remaining on probation they gave him 365 days weekends in jail and he went n for the first two days and that when they held him:
The immigration says he has a good chance of avoiding deportation as he was charged with a petty larceny charge BUT as I read it right they only count the first 5 years of LPR from the date the card was issued and not the date of application although they lost his file therefore the 5 years is not up until next december 2010 so he falls in the within 5 years catergory but has lived here since 2000 more than 7 years;
I have no clue here what to think......the court messed up and did not class this as a youthful offender which we were told it was and thats why it surfaced...we also were not told of any immigration consequences by any judge by admitting to anything..help advice please!

troyinclogs

I guess you do have an immigration lawyer on speed dial.. If you dont, thats what you should be asking for..

crg

Was it just one count?

How old was he at the time of the offense?

Was is a misdemeanor?

What was the max sentence possible?

Have you become a US citizen? If so, was it after your son had LPR status and before the child turned 18?

That 365 day sentence could be a problem.

237(a)(2) Criminal offenses.-

(A) General crimes.-

(i) Crimes of moral turpitude.-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j)) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed.

is deportable

davidvincent

He was 18 at the time but eligable for youthful offender status - we thought he was classified under that and told he was but the court did not register it as a YO hence how it surfaced:
It was a class a misdemenaor petty larceny
Max sentance is one year i think here in NY
I am a LPR after marriage in 2001 and adjusted my sons statsu/applied in 2001 for his LPR but they lost the file and he did not get approved untl 2000 december meaning he has been here for 9 years since 2000 but his GC was issued in december 2005:
He violated probation and hence probation was revoked and he was given 365 days weekend jail time for the violation of probation:
The immigration person dealing with it says IF he is brought before a immigration judge he will be able to get relief more than likely and will not be deported but I do not trust that word:
He said he would eat his hat if my son was deported:
Here is another thing - there was a lapse of status between jan 2001 and august 2001 when we filed for his LPR when I got married so he, myself and my daughter were technically out of status at that time also - so technically we were illegal for a few months before I got married but thats not his fault as he was only 11 years old and it was my responsibility to have our papers in order....help!

davidvincent

he was not sentanced to 365 days for the petty larceny offense...he was sentanced to porbation and community service but violated probation and they revoked probation and then gave him 365 days weekend jail time for the violation of probation - does this mean the sentance of 365 days now is the penalty for the larceny charge?
We were never told anything by any judge or lawyer about consequences of admission to anything with reagrd to immigration complications at all!

crg

Even though you're discussing these issues on BE, you should also get professional legal assistance.

It is unclear if the penalty is for the CIMT, or for the probation violation. The probation violation could have triggered a previously suspended sentence to be imposed.

When you contact the immigration lawyer, don't cloud the issue with the bumpy road to getting the green card and the lost paperwork. It's just not relevant.

If immigration consequences weren't considered as part of a plea deal then that is an avenue that your immigration attorney could pursue.

If your son is served with a notice to appear, they will usually provide a list of free or reduced cost legal service providers in the area.

davidvincent

the 365 weekends in jail was for violating probation

davidvincent

365 days..serving 2 days a week I mean was for the probation violation

ian-mstm

If he can be classified as a YO, then that's the route you want to take. Otherwise, he's 18 y/o and he chose to violate probation. He is responsible for his own actions - however devastating that might be to your family.

Ian

JAJ

Hi
You've been asked if you are a US citizen, you may wish to answer that question, if so, also give date of naturalization.

Ray

LOL wouldn't that be a kick in the groin ..

Of course they never did

JAJ

Seems there is already extensive discussion:
http://britishexpats.com/forum/showthread.php?t=620220
http://britishexpats.com/forum/showthread.php?t=620638
http://britishexpats.com/forum/showthread.php?t=620216

Ray

and the moral of this story ...get your citizenship as the earliest time ..

dbj1000

Sounds like he never hired a lawyer...

davidvincent

I am not a citizen no I am a LPR from the UK and so is my son:
I think people here seem to think my siuation is funny...thanks I appreciate that