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minivita

INS Hearing

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My boyfriend is a Permanent Resident from Jamacia and was convicted of felony theft in 2007 and completed 5 years probation. He never had any issues with immigration until we came back from a cruise this year. He was selected for a "random immigration screeing" where they took his green card, issued him a temporary one and gave him an appointment at INS. They said that INS would either give him back his green card or parole him again. What does this mean? Is it likely that he will be deported because it is an aggrivated felony? His entire family is in America and all US Citizens. He also has a young daughter that is a US Citizen. His mother also became a US Citizen before he was 18, does that change anything?

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I concur with the notion that you need to consult with an immigration attorney who is well versed with how criminal law affects immigration.

USCIS writes: "You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) .... If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident."

Since criminal laws vary from state to state, there is a chance that his aggravated felony conviction may be the issue. It is possible to lose permanent residence status for certain misdemeanors and/or felonies.

That's why you definitely want to consult with an immigration lawyer who is also knowledgeable on how criminal law impacts immigration.

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