?★ Deported for aggravated felony, living here on a CAT. Now Im told I can apply for 212(h) in 7th circuit. Is this true?

[myvis 0]

I came here as a refugee age 12, at 16 got a green card. At 17 got a misdemeanor in IL. At 20 INS came to my house arrested me and charged me with aggravated felony and won. Then my INS lawyer won convention again torture (CAT). So for the past 10 years Ive lived in USA without a green card on CAT defense. All my family lives here and all are citizens which makes my life really though as I cant go anywhere with them.

I was told in 3rd, 4th, 5th, 7th, 9th, & 11th Circuits (I'm in 7th) I can still apply for 212(h) waiver (see link below). Is this true? Does my situation allows me to still apply for 212(h) waiver? Where is a person in my situation to start? Do I do i-130 then 212(h) then apply for i-485? Or can I challenge the 212(h) and right away get my card back or do I have to start from the start?

Here is the article I read about aggravated felony and 212(h) waiver. http://www.ilrc.org/files/documents/212h_matter_of_rodriguez_update_2014.pdf

Edited September 15, 2015 by myvis

[Transborderwife 4,666]

I would start by hiring a lawyer in your case.

[myvis 0]

I will if someone knowledgable can tell me there is any change of a 212(h) working for me. Don't want to spending money and hunting for a good INS lawyer if my chances are ZERO of getting a 212(h).

I'm not even sure even if I did get a 212(h) that I have any chance of getting my green card back so I'm just asking to see what people thing. Any advice would be appreciated, but saying get a lawyer isn't very help full. After all if I had a lawyer I wouldn't be on this forum.

[Transborderwife 4,666]

What I'm saying is that this is beyond the advice of a diy forum.

[myvis 0]

There are always people on here that know the law as well if not better then some lawyers. My experience with INS lawyers so far hasn't been great. Even the lawyer that won my CAT can did so because did hundreds of hours worth of research online. At $400 an hour he was subpar at best. I wouldn't be surprised if there were plenty of lawyers on a forum such as this that can offer a few words of advice.

[Jawaree 717]

You need an atty, start there...I would say get back in court & try to have the sentences

looked back into . If your cases were juvi & misdemeanors why would INS arrest you

at age 20 with CAT protection?...somethings missing, I can say INS/ICE at times find ways

to get you if they think you are a menace regardless of protection (not saying U R)

A 212 (h) maybe possible with someone like Carl Shusterman you should give him a call

because only former LPRs who adjusted abroad can never get the 212 (h)

The 7th circuit at times seem very reasonable, I can tell you the 5th circuit will give you no love

dude You should have the circuits immigration cases decision emailed to you daily. If you travel

abroad theres no coming back.

Have you looked into having a criminal atty file a Coram nobis writ of error, that maybe a slim

chance of you getting out of those cases if s/he can find an error that would make the INS case

go away if proven

Dude you were given an opportunity "asylum", something many wish for, respect your adopted country

and keep your nose clean in the future...good luck

What country are you from , being deported as an agg felon will take many yrs B4 you will be eligible

for waivers

Edited September 15, 2015 by Jawaree

[myvis 0]

They didn't arrest me on CAT protection. I was on a green cart, go in trouble in IL then they arrested me. While in court they deported me but I won't CAT so that they don't send me back. Been here on CAT for last 11 years, and no I have not been in any trouble since. Maybe a speed ticket, thats about it.

I only have one thing on my record, 1 class A misdemeanor in Illinois. That class A misdemeanor was considered a "aggravated felony" by INS rules which is why they came and arrested me.

Believe me I am extremely happy I got a chance to come here, and so is my family. Them nor me would ever even consider moving back. The misdemeanor I got converted of I don't want to say wasn't my fault but I was a part of it and it happened, nothing I can take back now you know.

For the misdemeanor I was charged as an adult in IL even though I was 17 at the time. INS charged me as an adult too so they deemed me deportable. INS judge found me guilty of an "aggravated felony" after being in INS "detention for 10 months" BUT he also ruled that my "offense" was not a particularly a serious crime which is the only reason I was even able to apply for a CAT release. I haven't left USA since I came here at age 12 (31 now). I need to do something about my statues here, CAT isn't anything permanent.

[myvis 0]

I from old Yugoslavia which is now just a bunch of different smaller countries. I was born in Bosnia which is now like 99% muslim and me being of Serbian orthodox religion (Serbs and Bosnians kill each other for year in the 90's) it wouldn't be very good to send me back there.

[Jawaree 717]

I think you should speak to a criminal atty re" a resentencing, there is ways attys do this

technically you were a minor if this could be reduced or vacated, then you can think about

immigration, also you adjusted in the US for the GC which is a plus....I sent you a msg

[myvis 0]

My criminal lawyer looked into it and there is nothing I can do about my misdemeanor. Says even if there was it doesn't change anything as far as INS is concerned because my ins agg felony already happened. Only thing that would have worked is a gov pardon which we applied for and after 6 years of waiting to hear the decision it was denied. May try that again but IL governors are pretty famous for not answering pardons in a timely manner, and for going to jail of course...

[TBoneTX 43,081]

This gigantic immigration-law firm has very reasonable telephone and e-mail consultation available:

http://www.fosterquan.com/services/individuals-and-families/

They surely have someone who can help you.

I have no connection with the firm except as a highly satisfied customer from years ago.

[puffers 14]

I will if someone knowledgable can tell me there is any change of a 212(h) working for me. Don't want to spending money and hunting for a good INS lawyer if my chances are ZERO of getting a 212(h).

You don't need to hire a lawyer to find out if there is still a chance for you to get a green card. Make an appointment, some lawyers even offer free consultation, most charge $100 or something like that.

[Transborderwife 4,666]

You don't need to hire a lawyer to find out if there is still a chance for you to get a green card. Make an appointment, some lawyers even offer free consultation, most charge $100 or something like that.

This

[Lowlie 191]

INS double standards are baffling. I spent 20 years living in Southern Colorado where illegal aliens from Mexico live out in the open, commit various crimes and misdemeanors, go to jail, get out on bail or parole, and are never bothered at all my INS.

[myvis 0]

Yea that is not a bad idea. I'll look around for a Chicago imm lawyer and see if I can get a free consultation.

And yea immigration is suppose to charge you with a felony penalty is like 10 years in jail or something if you enter USA illegal after being deported once. Believe it or not when I was being "detained" basically in jail with INS for 10 months fighting this case 11 years ago, I can't tell you how many illegal Mexicans I saw get deported then months later get caught being here illegal and get deported again. I'm happy they can be lenient on stuff, problem is judges don't have much room to be once you are charged. Once the prosecutor decides to charge you, you are in some deep deep trouble even for one misdemeanor as you can see.