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hello..i got a relative of mine and he put his hand on a…

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hello.. i got a relative of...
hello..
i got a relative of mine and he put his hand on a under age girl which then she filed a claim and went to court, pleaded guilty judge gave him a 2 years probation, now the immegration has arrested him after 2 years and hes currently in jail, also married to a u.s citizen and has a kid from her,, is it possible that he gets deported ??? ohh and hes got a green card also..

what is possible for him to avoid deportation please give me all the methods i need to know alos..

thanks..
Submitted: 8 years ago.Category: Immigration Law
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Answered in 6 minutes by:
6/28/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,854
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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This is an aggravated felony and he will be deported because of it and because there is no forgiveness for this in immigration law, it doesn't count that he has a green card, that he is married to a U.S. Citizen and that he has children. He only has three options:

 

1) Get a full and unconditional governor's or U.S. Presidential pardon.

 

2) Hire a VERY good criminal attorney to look into the possibility of reopening his criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then he would need an agreement from the prosecutor not to prosecute him again (which they can do). You can try looking for an attorney at www.ailalawyer.com.

 

3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for him called a Private Bill.

 

 

These options essentially would eliminate the conviction so that Immigration cannot use it against him to deport him. Unfortunately, sealing or expunging the conviction does not work.

 

I am truly sorry, but he has a tough battle ahead of him and there is no forgiveness in U.S. Immigration law for an aggravated felony.

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Customer reply replied 8 years ago
but what i mean is that he didn't harm her or anything, the lawyer told him if he he should plead guilty to avoid imprisonment which he did,, and girls also has already dropped the case but dont know why immegration still wanting him,,
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
He was still convicted and that's what counts. If something was done incorrectly, he was given bad legal advice, then that is why he can try to vacate the judgment. But if that conviction stands, he is going to get deported.
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Customer reply replied 8 years ago

 

how can i get a full unconditional pardon from the governor..

how should i approach him or u can say get to see is him,,it that easy or do i got to file somthing in order to meet with the governor

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

It is called Executive Clemency. It is an application process. It isn't something that you can go knock on his door and ask. A board will review your husband's case and decide if he deserved a pardon.

 

If he committed the crime in North Carolina, here is a link:

 

http://www.doc.state.nc.us/clemency/

 

Please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

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Customer reply replied 8 years ago

i just contacted a different lawyer and hes telling me differnet things h said that hee can avoid deportation since hes the only one supporting his kid and wife,, without him they be li homeless with no support..

not satisfied but with the answer,,, but sum are already know but ill give u a postive feedback for tryin

 

thnax

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
I disagree with the other lawyer. I would suggest that you contact a third, but make sure they have experience with criminal and immigration law. You can look for one at www.ailalawyer.com as I mentioned before.
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