How much time after illegal reentry with aggravated felony?

[Manuel Santurio 0]

Hello, this is an immigration question:
My son was deported from the US on 2012 after serving a 7 year sentence for residential burglary charges and receiving stolen property, He has a daughter back in the US so he entered the US and was arrested by immigration about a week ago. I think that for what I have read he will be charged with illegal reentry after being deported once for aggravated felony charges. How much time will he be getting?
Thanks.

[Unlockable 7,315]

Time? As in jail time? 

 

Or time as in ban?

[Manuel Santurio 0]

6 minutes ago, NuestraUnion said:

Time? As in jail time? 

 

Or time as in ban?

Time as in jail time.

[x_driven_x 1,778]

24 minutes ago, Manuel Santurio said:

Hello, this is an immigration question:
My son was deported from the US on 2012 after serving a 7 year sentence for residential burglary charges and receiving stolen property, He has a daughter back in the US so he entered the US and was arrested by immigration about a week ago. I think that for what I have read he will be charged with illegal reentry after being deported once for aggravated felony charges. How much time will he be getting?
Thanks.

If the alien reenters or is found in the U.S. without government approval, after a criminal felony conviction for a non-aggravated felony, or after three or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject punishment by:

• A fine; or
• Imprisonment for not more than 10 years; or
• Both fine and imprisonment

For aliens reentering or found in the U.S. without government approval, after a criminal conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years. Other criminal penalty increases may be imposed for aliens who have been removed after certain kinds of incarceration, and aliens deemed to be associated with terrorism.

 

Given he served 7 years before and it apparently wasn't enough for him to learn his lesson to not commit crimes in the US, I wouldn't be surprised if he was given more than that this time; or they could just send him home so US taxpayers don't have to pay more to house him, it's really hard to guess honestly....

 

I try not to be judgmental, but people who come to this country, commit felonies, and then get deported and come back illegally to commit more crimes make the process a lot harder for those of us trying to do everything right. As someone currently waiting months to be able to have my family together by following the law, it's pretty frustrating, not going to lie.

Edited May 10, 2018 by x_driven_x

[Manuel Santurio 0]

I understand your concerns and I share most of it, but those who do the right thing usually end up living better lives. My son went back not to stay for long, just to see her daughter, so you see, his wrong path placed him already in a much worse position that you are in, so don´t feel upset, feel happy for your situation and for doing the right thing.

He did not commit a new crime besides illegally reentering. He is prepared for what is coming, but I need to know how much will they be giving him, because I am an old man and not sure how long I will be around.

[x_driven_x 1,778]

6 minutes ago, Manuel Santurio said:

I understand your concerns and I share most of it, but those who do the right thing usually end up living better lives. My son went back not to stay for long, just to see her daughter, so you see, his wrong path placed him already in a much worse position that you are in, so don´t feel upset, feel happy for your situation and for doing the right thing.

He did not commit a new crime besides illegally reentering. He is prepared for what is coming, but I need to know how much will they be giving him, because I am an old man and not sure how long I will be around.

I understand, I didn't mean to take my frustration out on you... it's a predicament for sure.

 

I think most likely they either just ship him back, or he gets 7 or so years. I am not a lawyer though, just know what I read. Maybe someone else will comment that has experience with these types of cases to give a better estimate.

 

It might also matter how he got caught, as they might take all of that into consideration. Did he get caught crossing or shortly after crossing? Some time later?   Do you also know how close (in distance) to the border he was caught?

 

Good luck to you, I can't imagine being in your position, either.

Edited May 10, 2018 by x_driven_x

[Manuel Santurio 0]

He was caught near the border and from my understanding they calculate his conviction based on a system of points, but I still haven´t read about a case like his. I have seen similar ones and they gave them 30 months.

I will keep looking.

Thank you for your time.