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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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Friend's file that was an LPR or over ten years before he

Customer Question

Friend's file that was an LPR or over ten years before he was convicted of two firearm offenses. After his convictions he went back and forth to Mexico a number of times, on his last entry intothe US he was stopped by CBP. His green card was taken and he was placed in removal proceedings. Whileawaiting his hearing, he went to Mexico again (a family member was sick) when he tried to reenter he was denied. He then tried to enter EWI and was apprehended and detained. Previous attorney got the EWI charge dropped due to exceptional circumstances. He is now awaiting trial in 2018.... Also both his criminal convictions have been DISMISSED.My questions (thank you in advance). Filed a 212(c) waiver, didn't work. Don't think asylum best route, but now since criminal convictions have been dismissed, I can look into reinstatement of his LPR status. What do you think? And how do I go about doing that?I just don't know where to start in research. This is my first removal case. Any advice/guidance you can give me would be greatly appreciated.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Expert James replied 1 month ago.
How were the cases dismissed? On what grounds?
Customer: replied 1 month ago.
Dismissed. Not sure on what grounds.
Customer: replied 1 month ago.
Hello? Please tell me what you are thinking and my options
Expert:  Expert James replied 1 month ago.

I have no issue doing that, I just can't answer the question without knowing the information I sought. That's why I asked it. We need to know that information before I can answer your question.

Customer: replied 1 month ago.
Okay I need to obtain more information on that...do you see any ways we can get his status back?
Expert:  Expert James replied 1 month ago.

That depends on the dismissals.

Customer: replied 1 month ago.
Okay I looked up criminal cases on court docket. It says adjudication withheld. So there is no conviction for which they took his LPr status
Customer: replied 1 month ago.
That was for first offense. Second which are two charges: 1. drug abuse and 2. Concealed weapons are both 4th degree Felony for which he was found guilty. So I guess dismissed wrong word.
Expert:  Expert James replied 1 month ago.

So those felonies were not dismissed?

Customer: replied 1 month ago.
No.
Expert:  Expert James replied 1 month ago.

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Unfortunately, because those cases were not dismissed, he would not be able to recover the green card. The felonies made the taking of his green card lawful.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Thank you!

Customer: replied 1 month ago.
240(a) is not a possibility?
Expert:  Expert James replied 1 month ago.

240(a) just talks about removal proceedings. You already said he is in removal proceedings.

Customer: replied 1 month ago.
but cancellation of removal based on the fact that he has been LPR for over five years, no aggravated felonies etc.
Expert:  Expert James replied 1 month ago.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: Remember, I do not make these decisions I am just a messenger. So please do not forget that positive rating.

No. He is not a permanent resident. You said his PR status was terminated and he later entered EWI. He was previously a permanent resident, but not at the time of these removal proceedings.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Customer: replied 1 month ago.
okay so there is no way to reinstate his green card? No options whatsoever?
Expert:  Expert James replied 1 month ago.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: Not under the circumstances you describe, no. I'm really sorry. I wish there was a way to do that, but unfortunately, there is not a solution for every single situation out there. And in this case, I do not see a way to reinstate his green card.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert:  Expert James replied 1 month ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

Thank you!

Expert:  Expert James replied 18 days ago.

I received a negative rating. Can you please explain that to me?

Expert:  Expert James replied 14 days ago.

Best of luck getting the answers you want.