Brazil  |  Immigration Law

Legal Question

Asked on: 11/12/13, 8:33 am


My family immigrated the the U.S. from Brazil in 1970 when I was 4 years old.In 1993 I was convicted of "Possession of Counterfeit Plates"I pleaded guilty and received a 30 month sentence in a Federal Corrections Institute.Before I was released I had an "Immigration Hold" put on me until I was interviewed by two Immigration officers they asked me several questions and left.Three months later the hold was lifted and I was released after serving 24 months.I was not deported and applied for a new green card and received it 6 months later.I did let immigration know that I was a convicted felon on my green card application.I was never again in trouble with the law.

In 2007 I accompanied my mother,a retired U.S. citizen,to Brazil where she retired to.Because she was not well and had a long trip ahead of her I went along to make sure she would be okay.A few days before the trip I lost my wallet with my green card in it,since the tickets for the trip were already bought and paid for I got entry papers from the Brazilian Consulate to enter Brazil and then I could apply for a new green card with the American Consulate in San Paulo to return to the U.S. since I had no ID I had to get Brazilian ID in order to get a passport and other forms of ID in order for me to get a green Card.Well,by the time I got all my ID I had gone "Out of Status" and was told by the American Consulate in San Paulo that I would have to start my immigration process from scratch in order to go back to the U.S.

So now I have been stuck in Brazil for 6 years and Spent a lot of money on a lawyer who didn't really help.I have done a lot of research on my situation and still don't have a clear answer.I am currently saving up to hire a good lawyer but before I do I would like to know:

1) What are my chances of being denied a green card because of my conviction,which is almost 20 years old ?

2)If I am denied,what remedy(s) do I have, if any.?

3)can I file a I-60 waiver if denied and can I file one without having to prove "extreme hardship"

Both of parents are U.S. Citizens.

Thank you very much

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