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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109612
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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IN REMOVAL Proceeding under section 240 of the immigration

Customer Question

IN REMOVAL Proceeding under section 240 of the immigration and nationality act
the removal due to Misdemeanor of theft
On the basis of the foregoing , it is charged that you are subject to removal from the united states pursuant to the following provisions of the law: section 237 a 2 a i of the immigration and nationality act, as amended, in that you have been convicted of a crime involving moral turpitude committed within five years after admission for which a sentence of one year or longer may be imposed .
If the person is currently outside the country can they come back and with what consequences?? Will they be caught at the airport?? This letter was writted on jan 27th, 2010. Is there any way for admission and not be removed from the country??
Submitted: 7 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.

Yes, they could be excluded at the Port of Entry and sent back home. But more likely than not, they will be paroled in to the U.S., their green card taken, and then scheduled to go before the immigration judge to fight the charges or apply for some waiver if one is available.


I STRONGLY suggest hiring an attorney now with both criminal law and immigration law experience. These are complicated cases and any little thing could make a difference. You can look for one at Let me know if you have any follow-up questions.