Need an immigration lawyer (US Green Card for dominican)

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JessicaRabbit

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I am wondering if my husband can get Green Card. Situation is that he was brought to US as a child, grew up there, committed a serious crime at the age of 14, was locked up and then deported to DR. All his family remained in US and got their Green card while he was serving his time... He never left DR for 12 years, he has no criminal record in DR and of course he is a changed man or i would never be with him. So he hasn't seen his family for pretty long time and i think he deserved to be reunited?
He has so much fear that he will be denied i guess we need a very serious lawyer to pull this through. He has many friends in US who can give him recommendations etc. i dont know what else is needed. He will even have a job right away, his friend would hire him in a heartbeat.

So do you know where do we start or can recommend a lawyer here in DR or in US (preferably in New York)?

Thanks
 
Tamborista

Tamborista

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Did you mean to put this thread in The Clown Bin for Funny Friday?
He has a better chance reaching The US via yola than getting a Green card.
 
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windeguy

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I tend to agree with Tambo on this. And,

I have no idea why a serious ( or even a non-serious :cheeky:) lawyer would do anything other than take your money for a job you can do for yourself. I have filled out three applications for green cards/residency and it is quite easy to do.

The use or non-use of a lawyer, in my opinion, will have zero impact on the actual information USCIS will use to evaluate your husband's case. In other words, no impact other than to spend more money for nothing. Keep in mind you have to be completely truthful on filling out those forms. Then you just wait and see if the answer is yes or no.

If you live in the DR and have DR Residency, you can submit the paperwork for this in Santo Domingo to USCIS.

Do you really plan to live in the US with your husband?
 
AlterEgo

AlterEgo

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I don't think the chances are good. We know someone who had his green card, was married to a US citizen, had 2 sons, committed a conspiracy crime, did his time, was deported to DR - in the 1990s. At the time, he was told he couldn't re-enter the US for 5 years. It's been close to 20 years, he still can't go back, and hasn't seen his sons since.

And that's someone who HAD a green card, and even qualified for US citizenship [just never bothered to get it - big mistake].

And yes, he's still legally married to his wife in NY, not that they've spoken a word in 25 years.
 
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MJSantoDomingo

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Was the "serious crime" expunged from his record, since he was only a child of 14 at the time?
Or does his record still show he has a prior felony? Because that may hinder even a very good lawyer if it is still on his record.
Hopefully he finds a way. Try calling the Guzman Ariza law firm that has a banner on this site and Fabio Guzman also is a moderator of the legal section.

Another option - ask a lawyer if a work visa would be easier to obtain - especially if the friend gives him a contract of employment. Or the spousal visa, especially if the two of you have been married over three years, which supposedly helps (and, sorry, I am assuming you are a US citizen, so correct if I am wrong on that...)
 
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JessicaRabbit

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Yeah i know chances r very thin... Im not american citizen myself, but yeah i do have dominican residency.
 
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windeguy

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JessicaRabbit said:
Yeah i know chances r very thin... Im not american citizen myself, but yeah i do have dominican residency.
Click to expand...

Not being an American yourself means that someone in his family who is a US Citizen (possibly just a Green Card holder living in the US) has to sponsor him and file that paperwork in the US, but I am guessing you already knew that and that was the reason for asking about lawyer in Neuva York? Friends in the US recommending him have no effect on UCSIS' decision. The fact you are not a US Resident/Citizen will probably not be a positive factor in the decision.


As someone mentioned, it is possible that his juvenile records are sealed. That is something to find out about. If they are not sealed, I would just forget the idea entirely. A family member in the US should be able to find that out for you.

A quick check shows that he must have a parent or a sibling (brother or sister) who is a US Citizen to sponsor him. Does he have one or the other?

Is he planning on staying in the US if he gets residency?
 
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AlterEgo

AlterEgo

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Well, what he would need to do first is have someone from his family who is a US citizen petition for him - a parent, brother or sister. Not sure how long a parent request takes, but siblings take years. The person doing the petition has to be able to prove they can fully support your husband, long time job status, etc. If they're on any sort of government assistance, forget it.

Now, assuming there is a major miracle and he gets US residency.....what would you do?
 
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mountainannie

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Shucks, I was going to post under the assumption that you were a US citizen. In which case you might have a chance.. since he was a minor when he was brought to the US and a minor when he committed the crime.

Possibilities for Reentry to the U.S. After Removal | Nolo.com

But if YOU are not a US citizen .. then the US is going to be admitting two foreigners.. so that makes it harder.

Where else do you have citizenship? Why not go there, perhaps it might be easier to get into the US from there?
 
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AnnaC

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Everyone has given you good advice even links but yes the big question would be where will you live if he does gets a green card?

I think you are from the UK correct? It's getting very difficult to immigrate there too.
 
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JLA1125

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Jessica,

It depends on how the crime that he was convicted of would fall under the purview of section 212(a)(2)(A) of the Immigration and Nationality Act. The section is too long to be cited here but you can google "212(a)(2)(A) INA" to read it. However, there is an exception for juveniles that reads:

"Clause (i)(I) shall not apply to an alien who committed only one crime if- (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States ..."

I would need to know more though. Such as (1) what exactly was he convicted of, (2) was he tried as a juvenile or as an adult, (3) what was the maximum sentence possible, (4) what was the actual sentence, and (5) how much of the sentence did he actually serve.
 
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SantiagueroRD

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Good Afternoon, In order to properly consult with anyone in this matter I think that you should sit down with your husband and get the facts straight. For instance under what condition of US Immigration law was he living when the offence occurred? What was the offense charged (not I got in a fight and defended myself)? By what court and what sentence was issued? Was he tried as an adult? Was he truly deported or did voluntary departure? Why has his family not made an effort to bring him to the US? You are aware of course that if he does go it might not include you.
 
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dv8

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AnnaC said:
Everyone has given you good advice even links but yes the big question would be where will you live if he does gets a green card?
I think you are from the UK correct? It's getting very difficult to immigrate there too.
Click to expand...

jessica is from eastern europe, russia, i think?
 
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JessicaRabbit

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He has his mother, brother and 3 sisters in NY, he was charged as a juvenile, got 10 yrs. it was max. He did all 10. He was brought to federal for deportation and stood in a court but he refused to sign anything (like deport himself) so he was put on a plane handcuffed and released here into DR prison where he had to spend some time before his grandfather got him out of there, he didnt have no dominican id and didnt speak spanish as well. He says he got 212c.
JLA1125 can i PM you?
 
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JessicaRabbit

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We are not legally married yet so i dont even know whats better to get married or not for that case. We are together for 3+ years already, its not that we dont want to get married, im not divorced myself yet lol and im from Ukraine, i am not going to return there for nothing. I have US visa, we might relocate to US if he will be approved. But most of all i just want to know that he is not a "prisoner" in DR and all my trips to US will be without him forever... I even went to his best friend's wedding to NY alone, thats effed up...

As to the crime... He shot and he unfortunately aimed :( it was a big shoot out between gangs. He isnt even sure it was his bullet that hit the poor guy because he was long distance away. He was illegal when he committed a crime but he didnt know that fact and thought he is american...
 
Tamborista

Tamborista

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This has more holes than a wedge of Jarlsberg, not married, not divorced, any more surprises?
He is not going to get into The USA via VISA, ever.
You could get one of those blue tanques, and poke holes in it, maybe float him to Nueva Yol.
 
Africaida

Africaida

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Why doesn't his close family in NY try to help him ?

How could you be of any help if you are not American, not a permanent resident, and not even married (actually still married :speechles) ????


I won't even get into the shoot out :paranoid:
 
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