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Save Deportation by Getting a Crime Pardoned by the Governor

Many times people will serve sentences for years and then be released. However, they are not released to their families. Rather they are released to Immigration for deportation proceedings. However, there are ways of trying to beat the deportation. One such way is to get a full and unconditional pardon from the Governor and then have an immediate family member petition for residency. Otherwise, the person could simply get deported for life like what might happen to a woman granted parole recently after serving 23 years in prison.

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What are Grounds of Deportation?

Aliens are subject to removal from the United States for the following grounds of deportation:

Status violations: Persons who violate their immigration status in the United States may be subject to removal. Persons inadmissible at the time of entry are subject to removal under INA § 237(a)(1)(A) [8 U.S.C.A. § 1227(a)(1)(A)], which incorporates all of the grounds of inadmissibility. Additionally, persons in the United States in violation of the Immigration and Nationality Act or any other law of the United States are subject to removal INA § 237(a)(1)(B) [8 U.S.C.A. § 1227(a)(1)(B)]. For example, persons who remain in the United States longer than authorized and persons who enter the United States without inspection are within this group. Persons who fail to maintain non-immigrant status have violated their immigration status and are subject to removal. INA § 237(a)(1)(C) [8 U.S.C.A. § 1227(a)(1)(C)]. Under this provision, failure to maintain non-immigrant status and failure to comply with the terms, conditions and controls imposed under INA § 212(g) [8 U.S.C.A. § 1182(g)], concerning waivers for persons with communicable or physical or mental disorders, constitute deportable offenses. Aliens whose conditional permanent residence has been terminated are subject to removal as status violators. INA § 237(a)(1)(D) [8 U.S.C.A. § 1227(a)(1)(D)]. Aliens who have encouraged, assisted, abetted or aided illegal immigration at the time of any entry or within five years of any entry are subject to removal. INA § 237(a)(1)(E) [8 U.S.C.A. § 1227(a)(1)(E)].Finally, aliens who enter into fraudulent marriages for the purpose of obtaining immigration benefits are subject to removal. INA § 237(a)(1)(G) [8 U.S.C.A. § 1227(a)(1)(G)].
Public charge: If a person has within five years of entering the United States become a public charge resulting from causes not arising after entry, he or she will be subject to deportation under the public charge ground. INA § 237(a)(5) [8 U.S.C.A. § 1227(a)(5)].
Security and related grounds: Under INA § 237(a)(4) [8 U.S.C.A. § 1227(a)(4)], an alien is deportable who has engaged, is engaged, or at any time after entry has engaged in any activity to violate any law of the United States relating to espionage, sabotage, or laws prohibiting export of goods, technology, or sensitive information from the United States, any other criminal activity which endangers public safety or national security or any activity the purpose of which is to oppose, control, or overthrow by force, violence, or other unlawful means, the U.S. government. Under INA § 237(a)(4)(B) [8 U.S.C.A. § 1227(a)(4)(B)], an alien who has engaged, is engaging, or at any time after entry has engaged in any terrorist activity as defined in INA § 212(a)(3)(B)(iv) [8 U.S.C.A. § 1227(a)(3)(B)(iv)] is deportable. Under INA § 237(a)(4)(C) [8 U.S.C.A. § 1227(a)(4)(C)], an alien is deportable if the Secretary of State has reasonable grounds to believe that the presence or activities in the United States of such alien may have serious adverse foreign policy consequences. Finally, under INA § 237(a)(4)(D) [8 U.S.C.A. § 1227(a)(4)(D)], Nazi war criminals and persons who have engaged in conduct defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide.
Failure to register and falsification of documents: Aliens in the United States are required to report any change in address to the U.S. Citizenship and Immigration Services (USCIS). INA § 265 []. Failure to register a change of address is a deportable offense unless the alien can show that such failure was reasonably excusable or not wilful. INA § 237(a)(3)(A) [8 U.S.C.A. § 1227(a)(3)(A)]. An alien is deportable if he or she is convicted for a violation of INA § 266(c) [8 U.S.C.A. § 1306(c)] (fraudulent statements) or Section 36(c) of the Alien Registration Act; for a violation of the Foreign Agents Registration Act; or, for a violation of 18 U.S.C.A. § 1546 (relating to fraud and misuse of visas) regardless of sentence imposed. An alien with a final administrative order for a violation of INA § 274C (document fraud) is subject to removal. INA § 237(a)(3)(C)(i) [8 U.S.C.A. § 1227(a)(3)(C)(i)]. Finally, a person who falsely represents or who has falsely represented himself or herself to be a United States citizen to obtain benefits under the Immigration & Nationality Act, federal or state law is deportable8 U.S.C.A. § 1305. INA § 237(a)(3)(D) [8 U.S.C.A. § 1227(a)(3)(D)].
Unlawful voting: Under INA § 237(a)(6) [8 U.S.C.A. § 1227(a)(6)], any person who has voted in violation of any federal, state or local provision, statute, ordinance or regulation is subject to removal. A conviction is not required.
Criminal grounds: Aliens who are convicted of or admit to the commission of certain crimes, including multiple criminal convictions, crimes of moral turpitude, aggravated felonies, high speed flight, drug related offenses, firearms violations, and domestic violence, stalking and protective order violations, are subject to removal. INA § 237(a)(2) [8 U.S.C.A. § 1227(a)(2)].

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New agreement with governmental departments to transfer parolees to be deported

In an effort to control the number of deported convicted parolees governmental agencies have come to a mutual agreement. The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program. The government has seen an increase in eligible deportation parolees that would fall in to the REPAT program.

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Criminal and Immigration Lawyers must work together to help you

Question: I have have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers?

Answer: These are very valid questions. In fact, it is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States. Only if the criminal and immigration lawyers work together can you obtain the correct advice. An Immigration Lawyer is not an expert in Criminal Law and a Criminal Lawyer is not an expert in Immigration Law. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the United States.

Question: How will the Criminal and Immigration Attorneys work together? What will they do to help me?

Answer: Generally, the Immigration Attorney can prepare the necessary criminal evaluation which will document to you and the criminal attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings.  Even if you get put into deportation or removal proceedings, the criminal and immigration lawyers working together will minimize the harm in deportation proceedings. It will have the effect of possibly making you eligible for certain forms of relief such as Cancellation of Removal for Lawful Permanent Residents or Adjustment of Status with a Waiver of Inadmissibility. Sometimes a guilty plea in criminal court will not sound so bad, but could make you an aggravated felon in Immigration Court. As an aggravated felon, you would not be eligible for most forms of relief. Thus, if the criminal and immigration lawyers work together in the beginning before you plea to anything, then everyone can benefit. You will minimize the harm done on your immigration status; the prosecutor will still get a conviction; the Criminal Judge will still be administering justice; the criminal attorney gets a plea and the immigration attorney protects you against unintended consequences. Thus, while it might be more expensive, the best route for you is to hire Criminal and Immigration Lawyers to work in tandem to help you through this process.

Question: What happens if I just plea guilty now as I am being told by my Criminal Lawyer that it is the best thing to do?

Answer: That would be a very large mistake. Basically, the Criminal Attorney is probably telling you that you will get less time and that it is the best deal that you can get. However, what does it matter if you get less time if you are simply transferred to immigration detention, placed in deportation proceedings and deported for many years or even the rest of your life? It is critical that you get the help of Criminal and Immigration Lawyers working together before you plea, not after. It is possible to try to set aside the plea afterwards. However, it is considerably more difficult.

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What is Final Order Deportation?

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Why should I hire Criminal and Immigration Lawyers?

Criminal and Immigration Attorneys must work together to help you! Question: I have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers?

Answer: These are very valid questions. In fact, it is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States. Only if the criminal and immigration lawyers work together can you obtain the correct advice. An Immigration Lawyer is not an expert in Criminal Law and a Criminal Lawyer is not an expert in Immigration Law. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the United States.

Question: How will the Criminal and Immigration Attorneys work together? What will they do to help me?

Answer: Generally, the Immigration Attorney can prepare the necessary criminal evaluation which will document to you and the criminal attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings. Even if you get put into deportation or removal proceedings, the criminal and immigration lawyers working together will minimize the harm in deportation proceedings. It will have the effect of possibly making you eligible for certain forms of relief such as Cancellation of Removal for Lawful Permanent Residents or Adjustment of Status with a Waiver of Inadmissibility. Sometimes a guilty plea in criminal court will not sound so bad, but could make you an aggravated felon in Immigration Court. As an aggravated felon, you would not be eligible for most forms of relief. Thus, if the criminal and immigration lawyers work together in the beginning before you plea to anything, then everyone can benefit. You will minimize the harm done on your immigration status; the prosecutor will still get a conviction; the Criminal Judge will still be administering justice; the criminal attorney gets a plea and the immigration attorney protects you against unintended consequences. Thus, while it might be more expensive, the best route for you is to hire Criminal and Immigration Lawyers to work in tandem to help you through this process.

Question: What happens if I just plea guilty now as I am being told by my Criminal Lawyer that it is the best thing to do?

Answer: That would be a very large mistake. Basically, the Criminal Attorney is probably telling you that you will get less time and that it is the best deal that you can get. However, what does it matter if you get less time if you are simply transferred to immigration detention, placed in deportation proceedings and deported for many years or even the rest of your life? It is critical that you get the help of Criminal and Immigration Lawyers working together before you plea, not after. It is possible to try to set aside the plea afterwards. However, it is considerably more difficult.

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Can they deport me again?

Question: I was deported years ago and could not stay away from my wife any longer. I reentered the U.S. illegally and am now reunited with my wife. Can they deport me again?

Answer: Removal pursuant to §241(a)(5) of the Immigration and Nationality Act (INA) – the reinstatement of removal provision – accounts for 40% of all removals nationwide, and two-thirds of nationwide reinstatements take place within the Ninth Circuit.

Question: What is reinstatement of removal?

Answer: Reinstatement of removal is the term for removal pursuant to INA §241(a) (5). Reinstatement of removal orders against those illegally reentering if the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed. The alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.

Reinstatement orders (or orders of reinstatement) are issued by low-level immigration officers, not immigration judges. The orders may be executed within hours or days. Due to the lack of a hearing and speed at which the orders are executed and issued, removal under INA §241(a)(5) is sometimes called summary removal.

Significantly, individuals subject to INA §241(a)(5) are “not eligible and may not apply for any relief” under the Immigration and Nationality Act.

Question: Who is subject to reinstatement of removal?

Answer: Noncitizens who return to the United States illegally after having been removed under a prior order of deportation, exclusion, or removal are subject to removal under §241(a)(5) unless they meet a statutory or judicial exemption.

Question: Who is statutorily exempt from reinstatement of removal under INA §241(a)(5)?

Question: Congress has enacted legislation that specifically exempts the following individuals from being subject to reinstatement of removal: Individuals applying for adjustment of status under INA §245A (the legalization program) who are covered by certain class action lawsuits. Nicaraguans and Cuban applicants for adjustment under §202 of the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA). Salvadoran, Guatemalan, and Eastern European applicants under NACARA and Haitian applicants for adjustment under the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).

Question: Who is judicially exempt from reinstatement of removal under INA §241(a)(5)?

Answer: Litigation in the courts of appeals has resulted in a number of case law exemptions to §241(a)(5). The First, Seventh, and Eleventh Circuits who applied for discretionary relief before April 1, 1997; and the Ninth Circuit who filed an application for adjustment of status and application for permission to reapply for admission to the United States after deportation or removal (aka I-212 waiver) prior to the reinstatement determination.

Question: After issuance of a reinstatement order, can a person apply for any “relief” from removal?

Answer: A final reinstatement order triggers the bar to relief in INA §241(a)(5). However, DHS has previously taken the position that withholding of removal is not a form of relief because it is mandatory, not discretionary. Thus, if a person expresses a fear of return during the reinstatement process, the regulations provide for an interview with an asylum officer. If an asylum officer determines that the person has a “reasonable fear of persecution or torture,” he or she may apply for withholding before an immigration judge.

Question: If the person did not leave under the order of deportation, can it be reinstated?

Answer: No. If the client has not departed since the prior order was issued, then he or she cannot be subject to reinstatement under INA §241(a) (5) because the statute requires an illegal reentry “after having been removed or having departed voluntarily, under an order of removal.”

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Is it possible to go back to USA after life deportation?

It is possible to come back, but some will depend on why you were deported, how long the deportation bar was and whether you have any petitions pending. Generally, you need to do the Permission to Reenter, Waiver of the 10 year bar and Consulate Processing. I would need more specifics from your case.

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