Spring Hill, FL Immigration Law Firms & Lawyers

The law against representing oneself as a US citizen when one is not has been in the immigration law a long time, but prior to the Illegal immigration Reform and Immigrant Responsibility Act of 1996, individuals were able to obtain waivers where this occurred. The law was changed so that there can be no forgiveness for such misrepresentations since September 30, 1996. As you know, all persons born in Puerto Rico are US citizens. If your husband represented that he was born in Puerto Rico, he would run afoul of this law. The question is whether he made the misrepresentation for a purpose or benefit under the state law.  Your attorney should explore the issue. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Failure to pay taxes may be an issue, but that is generally not an immigration problem. Has he been working unlawfully and how did he enter the US? Those are typically more relevant issues.

By law, an aggravated felony conviction disqualifies you from any relief from removal. So long as this conviction remains on your record, you have no chances at all with USCIS or the Immigration Court. If you were convicted after a trial, and there is no possibility of a successful appeal, you will be deported and have no way to legally stay in the U.S. or to come back after deportation. If your conviction was entered on your guilty plea; and no one advised you, before you took the plea, that the conviction would result in your inability to stay in the U.S., you might be able to convince the court to set aside the sentence and reopen your case. But, before doing that, you need to consult an attorney to evaluate what are your chances of being acquitted if the court reopens your case. Reopening your case does not set you free: it means that you have to go on trial, and, if the prosecution proves your guilt, you can receive a harsher sentence than you got on a plea - and still be deported after you serve your time. So, asking the court to reopen your case is a serious step that should not be taken without a competent professional advice.