Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Legal permanent resident and in 2013 my ex accused me of…

Customer Question
I am A legal permanent...
I am A legal permanent resident and in 2013 my ex accused me of breaking into his house and stealing a bag of toys. I subsequently was was charge with 3rd degree burglary and larceny and then 2 conspiracy charges 1 of which was dropped. I should go trial in may and the state has now offered a plea of probation, idk exactly the terms of it yet. My question is should I plead guilty or no contest to accept the plea or would my conviction be basis for deportation.
Thanks
Submitted: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 11 minutes by:
3/5/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,620
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

It is difficult to tell you what the consequences of your plea will be until you have knowledge from your lawyer about the deal.

1. What will you be required to plead guilty to?

2. What is the term of probation?

3. What is the maximum possible sentence for the charge you are pleading guilty to.

Burglary and Larceny are crimes involving moral turpitude and you get one free pass if you have a conviction for a minor misdemeanor that carries a sentence of less than 1 year and you are sentenced to less than 6 months. Probation is considered a sentence.

So it is better for you to hold off on the telephone discussion until you have the answers to #1-3 above.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
to clarify 3rd degree burglary, 3rd felony and 2 4th conspiracy, one which was dropped at the grand jury trial. And I am wanting to know if I was to take the probation plea would I be safe from deportation so long as I completed my probation correctly.
Customer reply replied 2 years ago
My telephone number is *** *** ****
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

I cannot call you unless I send you an offer for premium service.

Also, until you tell me what the longest possible sentence for the charges is and how long your probation will be I cannot answer the question.

Also I need to know how long you have been a permanent resident because you may be eligible for cancellation of removal if you are put into proceedings.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
The maximimum I face for the burglary is 3 years and larceny 18 months. These are my first felonies. I terrible do have 2 duis though. I have lived in the U.S. 13 years and these incidences occurred in 2013. My lawyer is yet to find out the probation term but did you say should I even receive probation for these alleged crimes I would face deportation?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

Honestly it doesn't look good for you. The burglary is considered a serious felony and yes you could face removal for this conviction. Only one would be counted because both crimes arose out of a single act. The look at the most serious.

I wish I could say this would be overlooked and it may be for awhile but when you go to renew your card, you have to have biometrics done and it will show your criminal history when the FBI does the check. At that time you could be referred to ICE and issued a notice to appear before an immigration judge.

There is what is called cancellation of removal but it requires a showing of good moral character, in addition to having 10 years of physical presence. You also have to prove extreme hardship to a "qualifying relative" which is a US citizen spouse or child.

If you are removed and are married to a US citizen you could apply again for resident status but you would have to request a waiver of your inadmissibility from the removal and the criminal conviction within in 10 or 15 rears of applying to be admitted again.

This is definitely something you want to retain an immigration attorney locally to review and to have them then contact your criminal lawyer to discuss. Your criminal lawyer is supposed to advise you of your immigration consequences but often they are clueless about immigration laws. Don't count on them protecting you from immigration consequences and get a local immigration lawyer to discuss outcomes with them.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,620
29,620 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
Dear Immigration Expert, Can I study as Asylum Applicant
Dear Immigration Expert, I came to the USA in August 2003 as an F-1 graduate student on a Teaching Assistantship. I attended full-time the University and graduated from my Master's Program in December… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
i fell out of student status (F1) by missing school for one
i fell out of student status (F1) by missing school for one semester. Immigration officer called me today and asked me to go to their offices tomorrow morning and would not let me schedule for next we… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
what happens if you refuse to sign deportation papers
my fiance is in jail right now and he has bond..we did everything on our end with the bond and we are now waiting for monday to come so we try to get him out..but he just called me and he said they we… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Looking for an experienced immigration lawyer. Its about
its about violation of voluntary deportation 10 years ago … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I was deported from the United States airport. and they
I was deported from the United States airport. and they cancelled my B1/B2 visa. but they let my family in. I submitted i-212 application and there is no reply till now since Nov. 2016 … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
ICE detainee from Guinea fears death if deported. He has
ICE detainee from Guinea fears death if deported. He has received a notice of deportation. Has no family, no money. Can he appeal. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
FOR GUILLERMO can someone who is in deportation proceedings,
FOR GUILLERMOcan someone who is in deportation proceedings, and subsequently filed for a marital Based petition and adjustment of status application also apply for a work permit at the same time… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
If an illegal immigrant is placed into the removal
if an illegal immigrant is placed into the removal proceeding (assuming they didn't commit a crime), what would be some things that would persuade the judge not to deport the immigrant?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Is it better to self deport and ask for a waiver to obtain a
Is it better to self deport and ask for a waiver to obtain a visa or is it better to allow the judge to remove you on a removal proceedings hearing and then ask for a wavier to return to the country?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My fiancee is going to be deported. He was already deported
My fiancee is going to be deported. He was already deported once about 3 to 4 years ago. The ins has told him he could serve more time because he came back a second time. Is this possible?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Married to illegal immigrant for 9 months. Interview is 3
Hi,. Married to illegal immigrant for 9 months. Interview is 3 weeks from now and we are separated and divorcing. She has work permit and social security card good for 1 year. … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,620 satisfied customers
I want to marry an inmate who is going to be deported. Is
I want to marry an inmate who is going to be deported. Is this possible? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
If someone self deported and they don't have a ban to come
If someone self deported and they don't have a ban to come back to the states, can they get a visitor visa?… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,620 satisfied customers
Only for "Guillermo J. Senmartin" Immigration Judge had
Only for "Guillermo J. Senmartin" Immigration Judge had ruled on December 11, 2017. I was able to obtain some additional information on her case. Immigration Judge sustain the finding by Asylum office… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
If you were ordered deported in absentia, immigration judge
If you were ordered deported in absentia, immigration judge refuses to reopen old case, have a misdemeanor criminal record, married with approved I-130, have a USC child, and only option is to leave t… read more
Expert James
Expert James
Doctoral Degree
12,097 satisfied customers
If you have already been ordered deportable and currently
If you have already been ordered deportable and currently under an order of supervision with immigration, are you still eligible to file a suspension of deportation?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
BIA denied my motion for reopen the case rehearing) because
BIA denied my motion for reopen the case rehearing) because there was no new information or evidence. I corrected the situation by including a lot of new evidences and facts in my breif to the First c… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x