in immigration custody at this momment plz help

[miamiboi04 0]

Hi people yes I am in immgration cutody thanks to a correction officer I am able to post this I was picked up from my house last year in june for a felony charge I had from 2006 that I pled guilty too not understandin the consiquences that it could bring me in september I was ordered depoted but I had to appeal the judges disicion due to the fact that my parents broght me to this country when I was 2 years old I was born in venezuela both of my parents are colombian I have no family or friend in the country that I was born and on top of this I have a 6 year old and a 2 year old that I would fight to the end for.so at the moment I have bin in the b.I.a for atottal of 11 months and don't know when I will get a disicion how long could this take?and by the way my charge is a drug charge which in immigration is considered aggrivated but in florida they ruled that the statue which I was convicted under 893,13 is no longer agrivated for immigration purposes I rather die then be taken from evrything I know some one plz help if u can maybe a waiver a loop hole something anything

[Hypnos 6,576]

Find an amazing lawyer; you are beyond the scope of a DIY forum.

Don't get your hopes up.

Edited August 13, 2014 by Hypnos

[mtempelaar 190]

I don't know any loop holes for you but you need an immigration attorney fighting for you. Do you have one?

[miamiboi04 0]

I don't know any loop holes for you but you need an immigration attorney fighting for you. Do you have one?

Yes I do but I just feel like he is not doing evrything he can he tells me to just sit and wait sucks

[Penguin_ie 5,984]

**** Moving from CR-1 spousal forum to General Immigration as a better place for this question, and duped removed. ******

[miamiboi04 0]

First time sorry

[mtempelaar 190]

The advice he is giving you may be completely accurate and there is only so much he can do for now, but you might want to see if you can find another lawyer and see what they say if you aren't happy. You are going to need the best your money can buy with a felony conviction on your record. I know you said FL considered it not an aggravated felony but clearly the federal government is. That determination is one key to staying.

http://www.immigrationpolicy.org/just-facts/aggravated-felonies-overview

" immigrants convicted of an “aggravated felony” face the “harshest deportation consequences.” As Congress ponders proposals to include even more crimes under the definition of “aggravated felony,” it must consider the extremely severe consequences that will result. The immigration laws include numerous provisions to ensure that criminals are not allowed to remain in the United States, yet also recognize that exceptions should be made in particularly compelling cases, especially when an immigrant’s removal will create hardship for U.S. citizens. Once a crime is labeled an “aggravated felony,” however, deportation is all but assured and individualized determinations are rarely possible to make. "

That bolded piece above may be your only out assuming your kids and the mother rely on you financially...I don't know, I'm no lawyer, but that really may be it.

And if you do manage to get out of this mess, please don't do drugs or anything else illegal. It leads to nothing but problems, and not just for immigration but for your children, your health, your life. Good luck!

Edited August 13, 2014 by mtempelaar

[southcoast 27]

Im reluctant to weigh in as I don't have all the facts, but generally conviction for an aggravated felony is a one-way ticket out of the country. Im sure your lawyer has suggested it, but I would look into vacating the conviction. Padilla v. Kentucky says that people pleading to ag. fels must be made aware of the immigration consequences. If they are not, then they can withdraw their guilty plea. Good luck.

[Merrytooth 5,748]

Padilla v. Kentucky could not be applied retroactively to criminal convictions entered before March 2010.

http://www.beancard.com/blog/2013/02/supreme-court--padilla-does-not-apply-retroactively.shtml

[mtempelaar 190]

My hope here is that if he is allowed to stay that this scared the ####### out of him enough to be "scared straight". But we don't know the facts of the case here so I reserve any judgement and try and help.

[CowBoE 429]

I can't find the link right now, but there was a news about an orphan Korean infant boy who was adopted by American family.

Supposedly, his parents (didn't know and) hadn't filed proper paperwork for this baby to become a US Citizen,

and when this guy was in his late teens or early 20's, he was convicted for some drug charges,

and got deported back to Korea despite the desperate plea from him and his parents

that he spoke no Korean and had no known relatives in Korea.

The last report I read about this guy was, he doing some private English tutoring

and working as waiter at clubs frequented by foreigners.

[Merrytooth 5,748]

I can't find the link right now, but there was a news about an orphan Korean infant boy who was adopted by American family.

Supposedly, his parents (didn't know and) hadn't filed proper paperwork for this baby to become a US Citizen,

and when this guy was in his late teens or early 20's, he was convicted for some drug charges,

and got deported back to Korea despite the desperate plea from him and his parents

that he spoke no Korean and had no known relatives in Korea.

The last report I read about this guy was, he doing some private English tutoring

and working as waiter at clubs frequented by foreigners.

This one? Aaron Billings

http://news.newamericamedia.org/news/view_article.html?article_id=e24f232a39a1e7f5db3b9ae339d7d3b8

[southcoast 27]

Padilla v. Kentucky could not be applied retroactively to criminal convictions entered before March 2010.

http://www.beancard.com/blog/2013/02/supreme-court--padilla-does-not-apply-retroactively.shtml

That's the danger of not knowing the facts. In my state, "padilla" protection is extended to anyone with a post 1996 conviction. Im sure his lawyer has looked into it. Also many states have specific requirements for alien warnings outside of a general claim of ineffective assistance.

[Merrytooth 5,748]

That's the danger of not knowing the facts. In my state, "padilla" protection is extended to anyone with a post 1996 conviction. Im sure his lawyer has looked into it. Also many states have specific requirements for alien warnings outside of a general claim of ineffective assistance.

On November 21, 2012, the Florida Supreme Court, the highest court in the State of Florida, issued a decision in the case of Hernandez v. State. It concluded that the U.S. Supreme Court's decision in Padilla v. Kentucky cannot be applied retroactively in Florida.

http://immigrationblog.fowlerwhite.com/florida-supreme-court-holds-padilla-v-kentucky-does-not-apply-retroactively

[Glyn and Kathy 288]

Sorry you've gotten yourself into this mess. I'll never understand why people don't think of the consequences of their actions. Good luck.