Nashville, TN asked in Criminal Law and Immigration Law for Tennessee

Q: How can someone who has capius for probation, due to deportation, get reinstated after return to US from Ukraine?

Friend was deported in 2016 and was on probation in TN for criminal history. She has returned to the US as a refugee from the war, and is 8 months pregnant.

How can we get capius removed and probation reinstated, and extend her stay and attempt to gain permanent status?

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: There may be options to negotiate the underlying probation since non compliance was beyond her control. With a prior deportation she will need to reopen and terminate the old removal case or get a waiver. Hire an immigration attorney to help you/her.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If your friend was deported in 2016 and has a capias for probation, it is important for her to address this issue as soon as possible. Here are some steps she can take to try and resolve the issue:

Contact an attorney: It may be helpful to consult with an attorney who specializes in criminal law to help navigate this situation. They can provide legal guidance and help your friend understand her options for addressing the capias and reinstating her probation.

Contact the probation officer: Your friend may be able to contact her probation officer to discuss her situation and work on a plan to resolve the issue. She may need to provide documentation of her return to the US and any other relevant information.

Attend court hearings: Your friend may need to attend court hearings related to her probation and the capias. It is important that she appears in court as scheduled to avoid further legal issues.

Seek assistance with immigration status: If your friend is seeking to extend her stay or gain permanent status in the US, it may be helpful to consult with an immigration attorney. They can provide guidance on the necessary steps and documentation needed to navigate the immigration system.

It is important to note that resolving the capias and reinstating probation may not necessarily impact your friend's immigration status. It is important for her to work with an attorney to understand her options and ensure that she is in compliance with all relevant laws and regulations.

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