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Asked in Orlando, FL Nov. 19, 2014 ,  10 answers Visitors: 64
Can I make a deal with immigration to stay in the U.S.?
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10 Answers

Anonymous
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Posted on / Nov. 25, 2014 01:47:09

I've read the advice provided by each of my colleagues. You have been provided a good advice.
Sounds like you are an aggravated felon. Should you be served with an NTA or taken into custody by ICE you will need an experienced immigration attorney.

Anonymous
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Posted on / Nov. 24, 2014 03:05:03

No, no deal here. You are an aggravated felon and inadmissible to United States. Having said that, if you happen to adjust your status after you came into US or you were paroled in it is likely that you could be filing for a waiver of 212(H) from your parent or spouse. You must be residing in 5th, 9th, or 11 circuit though. Other than that, be happy and do not attempt to file for citizenship. Good luck.

Anonymous
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Posted on / Nov. 21, 2014 23:10:52

This is a fairly easy question to answer if you provided the conviction documents to a skilled immigration/criminal defense lawyer like myself. Just because you got a 4 year sentence does not she's much light on the issues posed by your question. First, is this your only criminal history? Second, what did you plead to-theft/fraud? If it is theft then it is likely an aggravated felony and unless you are a victim of a crime then you will be put in removal proceedings at some point. If it is a crime of fraud it is also problematic because of the amount of loss which since it is over 10k would also be an ag felony. However, you may be eligible for cancellation of removal or readjust with a waiver. You must speak to a lawyer and take your conviction records with you when you do

Anonymous
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Posted on / Nov. 19, 2014 22:05:17

The immigration consequences of your conviction would depend on the specific crime. Fraud crimes where the loss exceeded $10,000 (regardless of sentence imposed) would constitute an aggravated felony, which would render you subject to mandatory detention and deportable, and against which your relief would essentially be limited to withholding of removal and protection against the Convention Against Torture. As far as the I-247 ICE detainer, it might not be placed until you are closer to completing your criminal sentence. It appears you received a 5K1.1 or Rule 35 reduction based on your substantial assistance to the government. This might qualify you for an "S-5 visa" as a criminal informant who (1) provided critical, reliable information regarding a criminal enterprise and (2) whose continued presence in the US is essential to the successful investigation/prosecution of a member or the members of such criminal enterprise. There are only 200 S-5 visas awarded per year. An aggravated felony conviction is not a bar to eligibility for an S visa. The S visa is a non-immigrant visa, but S visa holders are allowed to adjust status to permanent resident under a special provision under Section 245(j) of the Immigration and Nationality Act. If the information supplied by the S-5 alien has "substantially contributed" to a successful investigation or prosecution of a crime, the S-5 visa holder may be eligible for adjustment of status (green card) under INA 245(j). I strongly suggest you seek the assistance of an immigration attorney with criminal experience to assist you in evaluating the possibility of an S visa while your cooperation is still fresh in the minds of law enforcement and your AUSA. Best of luck to you.

Anonymous
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Posted on / Nov. 19, 2014 21:12:20

Based on the limited facts that you provided you may be able to obtain an S Visa. Also known as a "snitch" visa. The law enforcement department for which you cooperated would have to help you get this. This is only needed, however, if you get put in deportation proceedings, which is a real possibility despite the fact that you currently have no detainer.

Anonymous
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Posted on / Nov. 19, 2014 18:51:17

You cannot make any deal with the Immigration. Your cooperation with the feds has nothing to do with the Immigration Service. In their "eyes," you committed a serious crime based on what you wrote.

Anonymous
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Posted on / Nov. 19, 2014 12:32:28

Much more information is needed. Speak with an immigration attorney directly.

Anonymous
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Posted on / Nov. 19, 2014 07:20:16

Immigration barely follows it's own policy memorandum at times, so no, making a "deal" is not possible. It is almost guaranteed that you are deportable at this point, but you should consult an immigration attorney to determine what, if any, options may be available to keep you in the US should ICE come knocking.

Anonymous
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Posted on / Nov. 19, 2014 07:06:30

There is a lot more information needed to be able to evaluate your options.
DHS doesn't cut any deals, but the impact that your case will have on your ability to stay depends on many factors such as: the nature of the crime you committed, your family situation, the country you are from, etc. You need to consult with an attorney and give a much more complete picture of your situation.

Anonymous
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Posted on / Nov. 19, 2014 03:09:40

it is not clear whether you are out, going in, or whether avvo is now available in the prison law library. Which would be too cool. As long as you have no ICE hold, don't ask anyone about it, just feel lucky, get out safely and don't think about becoming a US citizen until a raftload of lawyers unanimously tell you that you are not inadmissible. DHS does not make deals. You have nothing to trade.

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