Q: CBP officers in San Juan PR airport had wrongly detained me and served me an NTA for an old misdemeanor conviction
have been a legal permanent resident for over 14 years. I was convicted 10 years ago with a misdemeanor CIMT crime (theft) that was punishable with maximum prison time of less than one year. I was actually sentenced for one day in jail.
I was detained my travel documents confiscated and spent my first day of my vacation in Puerto Rico in ICE detention center at the airport. This has caused me a great deal of pain and suffering and practically ruined my family’s vacation.
I wish that the NTA be withdrawn and my travel documents sent back to my address.
I will consider the pain and suffering I was subjected to an additional punishment for a petty crime I committed 10 years ago despite the fact that it’s way passed its statue of limitation.
A:
Be as it may you must immediately retain a competent immigration attorney to fight for your status and your mere presence in the U.S.
An NTA will never be withdrawn the way you desire.
Kevin L Dixler agrees with this answer
A:
First: The Statute of Limitations has to do with criminal prosecution and has nothing to do with immigration.
Second, If the possible sentence was over 6 months you are not entitled to the petty offense exception.
Whether a single CIMT is a deportable offense depends on a few other factors such as how long you were an LPR prior to the conviction.
I suggest you consult with an experienced immigration attorney.
Kevin L Dixler agrees with this answer
A:
More information is needed. I agree with the other attorneys. An attorney should see a certified copy of the criminal court decision on that case and all other cases, if any. This is a situation that 'may require' that you seek relief.
You committed the offense within five years of becoming a lawful permanent resident. There 'may be' other facts that you ought to disclose. The issue has to do with 'not only the statute,' but sentencing and the evidence you have to challenge to charges. More information is needed. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications! Good luck!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
