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Fraud & Deceit offenses - removal

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  • Fraud & Deceit offenses - removal

    The threshold for restitution that triggers the AF for fraud and deceit offenses is $10K, so whether $50K or $171K - no difference. However as I mentioned this should not matter for a theft offense. All that matters for theft offenses is length of sentence - 1 year or longer triggers AF.

    When DHS came to see you they did not mention the words "aggravated felonies" because, I think, you will not be charged as such.

    Your two immigration defenses then are trying to argue "single scheme of criminal misconduct" and the Cancellation of Removal. Just be prepared to be locked up for a while because you will not get bond and you may be in for a long road of motions and appeals.


    You could also try with a criminal attorney to vacate your convictions on the grounds that you did not know this would trigger removability, since your sentence was under one year, but if successful that just takes you back to ground zero, before you entered your plea - and nine months for three residential burglaries is a pretty good deal. Vacating a plea withdraws it and takes you back to the point in your case before you pled guilty. The case can be picked up anew from there by the D.A.

    Pay attention to the coram nobis relief (the thread also discusses 212(c) but you are not eligible for that) - you would do the exact equivalent, but habeas corpus. Coram nobis is an attempt to vacate a plea after the sentence and any probation and parole are completed. Habeas Corpus in this context is trying to do the same thing, but before the sentence, probation or parole is up.

    Also pay attention to the issue of vacating a plea due to failure to advise of immigration consequences, but in your case you would argue a misadvisal of imm. consequences or an inadequate, misleading or incomplete advisal.

    That sort of relief - vacating the plea - is quite complex so I can't answer questions in this forum about it beyond what I wrote in the above two threads.
    Please read the forum rules before you post.

    And if you need extra help:
    Modee Tech Support

  • #2
    What is this in reply to?

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    • #3
      View it as a general comment on forms of relief available for immigrants convicted of fraud and deceit crimes.
      Please read the forum rules before you post.

      And if you need extra help:
      Modee Tech Support

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      • #4
        I'm currently working overseas. I have a friend and part business partner who would like to some business investment in the US with a view to immigration. The trouble is he has felony fraud convictions from some years ago, he was sentenced to 4 years but only served 2 after agreeing to pay back roughly 1m usd. I would now consider him reformed as all his affairs are now in order and he is legitimately successful.

        He believes that with the right lawyer and a sizeable investment he will be able to overcome any immigration issues to the us. But I always thought convictions of this nature would completely preclude somebody from any hope of immigration?

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        • #5
          It depends on exactly what the offense was. In immigration law, it is how the offenses are viewed under federal law that matters - not, for example, whether the offenses are misdemeanors or felonies under state law.

          This area of immigration law is complex and there are few blanket answers.

          I will say however that once a person becomes a permanent resident, that it becomes very difficult to overcome certain types of convictions but, for actually quite odd reasons, non-immigrants are able to overcome (obtain waivers for) the same convictions. The case law on this is changing though.

          In general, waivers are obtained not because of money, but because of a combination of time spent in the U.S. and a hardship that will result to a blood relative of the immigrant or non-immigrant if that person is removed or denied admission to the U.S.
          Please read the forum rules before you post.

          And if you need extra help:
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          • #6
            Originally posted by Modee View Post
            The case law on this is changing though.
            In what way is the case law on this changing?

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            • #7
              In order to even understand that...you would need to understand more than that, and it would require a seminar for you to begin to understand any of it.

              In most circuits there are now hardship waivers for aggravated felonies for LPRs (legal permanent residents), which just some years ago no waivers were allowed for LPRs for aggravated felonies. What is a hardship waiver? What is an aggravated felony? Ah, you'd better practically complete law school and take additional classes or workshops in immigration law before you understand, because even, for example, state court district attorneys have no idea. Or hire an immigration attorney, and a good one (many have no idea either), to handle the thinking for you.
              Please read the forum rules before you post.

              And if you need extra help:
              Modee Tech Support

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              • #8
                Fascinating as always Mr Mo!

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