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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 100053
Experience:  Private practice in several areas, including immigration
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I was granted withholding of removal in 2000 for a felony I

Customer Question

Hi, I was granted withholding of removal in 2000 for a felony I committe in 1997. I enter this country legally and lost my legal status since. Can my US citizen wife and kids help me petition to becomes legal status again? Thanks
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 2 months ago.

Good afternoon, I am a Criminal Defense and Immigration Law attorney, and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.

In order to help you get the answers you need, can you let me know how you lost your legal status? The answer to that determines whether or not you may be able to regain legal status. Thanks!

Customer: replied 2 months ago.
I committed a burglary felony in 1997 and sentenced to more than a year
Expert:  Nisha Jones, Esq. replied 2 months ago.

I understand that you said you were granted a withholding of removal for that incident though, correct? Can you explain what resulted in the loss of your legal status since then? Did you have any more criminal convictions? Or did you leave the US?

Customer: replied 2 months ago.
I lost my legal status after finished my sentenced when USCIS put me thru immigration court and got witholding of removal. I lost my green card then
Expert:  Nisha Jones, Esq. replied 2 months ago.

I'm going to opt out so that another expert can help you with this. Best of luck to you!

Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Your previous expert opted out and I have opted in. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Please clarify what you mean by "I lost my green card then." Be specific. Thanks.

Customer: replied 2 months ago.
i went to immigration court in 2000 after completed my sentence and got ordered of witholding of removal by an immigration judge
Expert:  Ely replied 2 months ago.
Withholding of removal means the EOIR Court allowed you to stay in USA.
How did you lose your greencard after that?
Customer: replied 2 months ago.
i lost my green card when the judge granted me witholding of removal
Expert:  Ely replied 2 months ago.
Ah, I see. Okay, I understand. The answer is yes, they can. They would have to file an I-130/I-485 for someone in your situation, along with possibly an I-601.
The problem is that USCIS may deny the claim. More specifically, USCIS may push through the I-130 (recognition of marriage), but deny the adjustment request (I-485). If so, then someone in your situation can appeal first administratively and then to the federal court, if needed. This may become very prolonged and very nuanced, so an attorney is recommended.
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