Westmorland, CA Immigration Law Firms & Lawyers

Yes, it is possible to file various motions to vacate the crime (even though he is outside the U.S.) *Criminal Relief* The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.

Your husband has no legal control over you. You are not required to obey him nor are you required to hand over your passport and green card. If he takes away your card and refuses to give it back to you, you can apply for a replacement card on form I-90. The filing fee is $450.

No, your husband cannot cancel your green card. However, it's a good a idea to meet with an attorney so that he or she can advise you on the kinds of documents you should gather before you leave home to make sure that you won't have any problems when you apply for citizenship.