My Boyfriend is being Deported

[Hjdjka 0]

Well he was arrested with his green card and I’m sure they copy your ID when you arrested. 

He took a ple-Deal but wasn’t informed that by pledging guilty would subject him to being deported. 

When filling out court paperwork a question asks ‘“Are you a illegal immigration” which he answered no. 

Therefore the courts didn’t notice him if the immigration issues he could face.

He currently has a PCR court date which is a post conviction court hearing.

He told his lawyer he asked no because he’s not in America illegally & the question said are you a illegal immigrate not are you a immigrate. 

That statement is why the judge approved his PCR which gives him a chance to fight to stay.

[Jeanne Adil 1,651]

i meant South Africais 

anyway, sometone pleady quilty to felony manslaugter???

my sister and one brother both worked in the prison system / a bus should be waiting for him when he is released to deport him and no lawyer in his right mind should take this case / one would take your money but they could not much help you

you mention he was also with a gang / not in his favor / America is so afraid of gang violence now

give it up girl and find a decent man or join the BS in Africa

[Crazy Cat 39,218]

6 minutes ago, k_Jean said:

Well he was arrested with his green card and I’m sure they copy your ID when you arrested. 

He took a ple-Deal but wasn’t informed that by pledging guilty would subject him to being deported. 

When filling out court paperwork a question asks ‘“Are you a illegal immigration” which he answered no. 

Therefore the courts didn’t notice him if the immigration issues he could face.

He currently has a PCR court date which is a post conviction court hearing.

He told his lawyer he asked no because he’s not in America illegally & the question said are you a illegal immigrate not are you a immigrate. 

That statement is why the judge approved his PCR which gives him a chance to fight to stay.

I think maybe you can't see the forest because of the trees.  All that seems, to me, to be irrelevant to the fact that he was sentenced to an aggravated felony to which he admitted...This country, rightfully imo,  has a low tolerance for people who take advantage of the good will of the US, then commit extremely serious crimes.....

 

I honestly think you should re-evaluate this relationship and make appropriate plans.

[kris&me 572]

To be kind to you no one can help who they love

but you don't have a decent future ahead with this person

and it might help you to seek therapy to help you out 

there is no way this person will be allowed to ROC, AOS or go futher with his process to stay in the USA and if he was allowed,  let us know so i can immigrate out

[Ben&Zian 4,397]

This "legal technicality" or what have you of "he wasn't informed when he pled guilty about possible deportation" is always a desperation move. Of course people know when they commit a serious crime/felony they are subject to removal. They aren't citizens. If they think otherwise, they really didn't even understand the terms of their permanent residency. It can't always be other people's responsibility to remind/inform people of this. People need to be adults and actually understand what they are doing. Legally he should be apprehended by ICE the day of his release and held until deportation occurs. Sorry, can sound really harsh or mean; but that's just how it should work.

[geowrian 22,335]

He will have to deal with the potential/likely deportation issue with his lawyer. Beyond that, be ready to either move with him or not be with him. There's not really anything else there. Either the lawyer will find a way to maintain his residency, or he won't. I'd definitely lean towards the latter with that kin of criminal history.

[Crazy Cat 39,218]

Note to all:  When a poster changes his/her name here on VJ, the history of the old names continues to follow to the new name.

[Going through 5,668]

2 hours ago, Hjdjka said:

Well he was arrested with his green card and I’m sure they copy your ID when you arrested. 

He took a ple-Deal but wasn’t informed that by pledging guilty would subject him to being deported. 

When filling out court paperwork a question asks ‘“Are you a illegal immigration” which he answered no. 

Therefore the courts didn’t notice him if the immigration issues he could face.

He currently has a PCR court date which is a post conviction court hearing.

He told his lawyer he asked no because he’s not in America illegally & the question said are you a illegal immigrate not are you a immigrate. 

That statement is why the judge approved his PCR which gives him a chance to fight to stay.

1) Ignorance of the law is no excuse.  If he wasn't properly informed of the terms of his plea deal, that is between him and his lawyer.

2) He is confused.  PCR stands for Post-Conviction Relief...it has nothing to do with his immigration status, and it has nothing to do with how he filled out a court form in regards to his immigration status (since he obviously understood the question on the form enough to answer it truthfully.)  PCRs are for "claims of error" filed by a previous defendant in a criminal trial (your boyfriend).  Usually, PCR hearings are for when a defendant claims he was not properly represented in a trial and is either seeking a NEW trial, parts of the court transcript stricken off the record,  or some other compensation.

 

The wonderful thing about PCR hearings (or perhaps not so wonderful in your boyfriend's case),  is that victims families/friends are invited to attend and give impact statements in an attempt to further sway the judge towards maintaining the original sentence or original transcript and everything remains on record should a civil suit by the family----or immigration judge----needs to reflect back on the original hearing, the PCR hearing, or read any recorded victim family/convicted offender statements submitted.

[mindthegap 2,521]

To accept a plea deal you HAVE to admit guilt.

At no stage did he think ‘hmmm, maybe this will affect my LPR status, I should really check with an immigration attorney’? If he didn’t then more fool him. A friend of mine recently had an altercation with the law and it was at the very forefront of his mind and affected his inmediate choices at that time, to the extent of consulting with two different immigration attorneys.

 

Yes, as a recipient of an aggravated felony conviction he is deportable.

It may not happen immediately, it may not be soon, but sooner or later it will catch up to him.

 

Btw, why is this in the ROC forum?

Edited March 18, 2018 by mindthegap

[Boiler 43,430]

There certainly have been cases in the past where ineffective legal guidance has been successfully argued in deportation cases. In this case if he wants to go that route would that result in the plea.deal being set aside and ending up being tried with the potential for much longer sentence?

[CEE53147 559]

Sweetie,  You need to see a counselor to understand why you are supporting a person involved with the death of another person.  Someone with the ability to participate in the killing of a human being could do a lot of harm to you or any children you might have. Your stated love for him will not keep you safe. His immigration issuses are not your biggest problem; it is you yourself. PLEASE, keep your safety first!

[Boiler 43,430]

2 minutes ago, CEE53147 said:

Sweetie,  You need to see a counselor to understand why you are supporting a person involved with the death of another person.  Someone with the ability to participate in the killing of a human being could do a lot of harm to you or any children you might have. Your stated love for him will not keep you safe. His immigration issuses are not your biggest problem; it is you yourself. PLEASE, keep your safety first!

This

[SaRy 73]

By deporting him your country is protecting YOU (and other people here) from him and from yourself too.

 

Let him go, take your time to cry and be sad, then move on and find someone better.

 

Good luck!  

[OluwaseunA 12]

Well, think of the dead person.

Whoever he/she is deserves to be here with us too, using cool things like iphone, wifi, building their family etc

your boyfriend helped put him 6 feet in the ground, ending his dreams but want to rebuild his american dream.

 

Now ask yourself if it is fair, for him to continue living in the US when we are not certain what he does next?

you are not moving with him to Africa, right? i believe you are smarter than that.

[sparkles_ 456]

I might get some flame for this, but this person had a part in the death of someone's child, or sibling, etc......I would say he earned this deportation, let his home country welcome him back with open arms and he can rebuild a life there just as he did when he came to this country. 

 

You should just let him go, let him work this out just like he worked out this plea deal. Give yourself 6-12mo and see if you feel so strongly about packing it in and going to Africa with someone who was party to murder.

Edited March 18, 2018 by sparkles_