Legal Solution
The response provided below is specific to immigration law attorneys in the jurisdiction of New Jersey. If the response is inadequate, please submit a detailed inquiry.
Overview of Your Legal Situation
Your case involves several complex immigration issues arising from criminal convictions. As a former Legal Permanent Resident (LPR) convicted of a serious crime (armed robbery), you faced deportation and were subsequently deported in absentia. Your situation is further complicated by your failure to appeal the denial of your I-212 waiver and the lack of success in post-conviction relief. The fact that you have been out of the U.S. for over 15 years and have a U.S. citizen wife and children adds another layer to the case.
Relevant Legal Provisions
The primary statutes and regulations relevant to your situation include:
- INA § 212 (a)(9)(B) & (C): Pertaining to grounds of inadmissibility, particularly after deportation and unlawful presence.
- INA § 212(h): Relating to waivers for certain criminal grounds of inadmissibility.
- 8 CFR § 212.7: Regulations governing waivers of inadmissibility.
For authoritative information, visit the U.S. Citizenship and Immigration Services (USCIS) homepage.
Possible Solutions to Your Legal Issue
Given the complexity of your case, the following steps are advisable:
-
Reassess Waiver Applications: Given that your I-212 waiver was previously denied, consider filing a new waiver application. Circumstances may have changed, and the passage of time can sometimes play a role in these decisions.
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Legal Representation: Engage an experienced immigration attorney who specializes in deportation cases and criminal-related immigration issues. This attorney can assess the possibility of reopening your immigration case or filing new waiver applications. To find the right lawyer, thorough research and consultation are crucial.
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Post-Conviction Relief Follow-up: It's important to follow up on the appeal of your post-conviction relief. Success in this area could significantly impact your immigration case.
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Documenting Rehabilitation: Since your deportation, it will be vital to demonstrate rehabilitation and a positive contribution to society, as this can influence the decision on your waiver applications.
Cost Analysis for Legal Services in New Jersey
| Legal Service |
Average Cost (USD) |
Difference from National Average |
| Initial Legal Consultation |
$250 - $350 |
+10% |
| Waiver Application Preparation |
$3,000 - $5,000 |
+15% |
| Full Representation in Immigration Case |
$8,000 - $15,000 |
+20% |
| Post-Conviction Relief Legal Work |
$4,500 - $7,000 |
+12% |
Note: The costs in New Jersey can be higher due to the high demand for specialized immigration legal services in the area. It's also important to consider that complex cases like yours might require more extensive legal work, potentially increasing costs.
Complexity of Cases Involving Criminal Convictions and Deportation
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Case Study 1: Deportation Following Criminal Conviction
- Solution: Seeking post-conviction relief to overturn or reduce the conviction, thereby impacting the immigration consequences.
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Case Study 2: Waiver Application After Long Absence from the U.S.
- Solution: Filing for an I-601 waiver, demonstrating extreme hardship to U.S. citizen relatives, and showing rehabilitation.
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Case Study 3: Re-entry After Deportation and Absence
- Solution: Applying for an I-212 waiver, proving that re-admission would not be detrimental to the U.S.
These cases require navigating both immigration and criminal law, making them particularly challenging. They often involve a combination of legal representation, extensive documentation, and a thorough understanding of federal and state laws.
Important Questions for You to Consider
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Have you been involved in any other legal issues since your deportation?
- Explanation: Any additional legal issues could impact your immigration case.
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Can you provide evidence of rehabilitation and positive contributions since your deportation?
- Explanation: Demonstrating rehabilitation is crucial for waiver applications.
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Have you maintained continuous communication with your family in the U.S.?
- Explanation: This information might be relevant for demonstrating hardship in waiver applications.
Relevant Questions and Answers
Q1: How does a criminal conviction impact immigration status?
A criminal conviction, especially for a serious crime like armed robbery, can lead to deportation and make re-entry into the U.S. challenging. It can result in being deemed inadmissible under immigration law.
Q2: What is an I-601 waiver, and when is it used?
An I-601 waiver is used to forgive certain grounds of inadmissibility, often filed by those with a U.S. citizen or LPR spouse or parents, to demonstrate that denial of admission would cause extreme hardship to these relatives.
Q3: What is the significance of the 10-year bar?
The 10-year bar applies to individuals who have been unlawfully present in the U.S. for a certain period and then left. It prohibits re-entry for 10 years, although waivers are available in some cases.
Q4: Can post-conviction relief affect immigration consequences?
Yes, successful post-conviction relief can potentially eliminate or lessen the immigration consequences of a conviction, but it's a complex process requiring legal expertise.
Q5: What factors do immigration authorities consider in waiver applications?
Authorities consider factors such as the seriousness of the criminal offense, evidence of rehabilitation, the length of time since the offense, and the hardship that denial of the waiver would cause to U.S. citizen or LPR family members.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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I was unaware that this charge would lead me to loose my LPR status as I never went before an immigration judge during my criminal case. I found out I lost my LPR status when in 2005 I took a trip to Spain. Upon returning to the US I was held at JFK airport where I was found inadmissable and given a court date.