Your case cannot "be put" in front of an immigration judge in removal proceedings. The decision whether to put you in proceedings is up to USCIS. It's their prosecutorial discretion. You're lucky they did not put you in proceedings right after the conviction. Perhaps because you did not receive any jail time even though it was a felony. It sounds as though you have tried repeatedly to apply with "immigration officers" since then but have not gotten the results you want. Was an I-601 waiver ever applied for? To me, a waiver could be approved if you apply again for adjustment of status through your spouse's petition (assuming you came here legally), and you can prove extreme hardship to your family. Also, you're fortunate that due to the amount of loss being less than $10,000, it was not an aggravated felony.

Even in front of the judge, the felony conviction makes you inadmissible and the judge can only follow the law, which is to decide if you should be granted a waiver or not. Magic cannot be performed by the judge.

I see that you're in OC, so you're welcome to consult with me in my office. Be sure to check out my website and blog for how to contact my office.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

Actually, while your natural inclination might be to appear before a judge, that's not preferable. The reason? If you lose before a judge then you have a deportation order. I have handled very difficult fraud waivers, those where other attorneys have lost. The good news is that time is on your side. Given that this fraud took place some time ago and that you're a business owner are both positive factors in exercising discretion in your favor. What more you need is a strong showing of extreme hardship. Given your lengthy marriage and two children, these factors help but in my experienced opinion, alone are insufficient. If you hired me, one of the things I would do at the beginning is to posture your life to show the maximum extreme hardship to your close family members, along with discretion in your favor.

If you visit my website, you'll find many testimonials, including one from an individual identified as P.C. This man calls me every Thanksgiving and each time tells me he will never forget me. I've found that the clients I can overcome fraud inadmissibility for are some of the most grateful, as well as deserving. Another case like this which I did involved a man with big dreams who now has been able to accomplish much because we overcame fraud committed when he was young and foolish. Also, the younger you are when the fraud takes place, the better. I've introduced as evidence, brain science which now accepts as fact that the pre-frontal cortex of the brain, that portion that controls judgment is not developed until up to age 25. I could go on...

Feel free to contact me at 818 609 1953, alice@yardum-hunter.com or visit me at my website, http://www.yardum-hunter.com. On my website you will also see confirmation that I am a Super Lawyer for the past six years, published by Los Angeles Magazine, as rated by my peer immigration lawyers. I am also a certified specialist in immigration law and have been since inception in 1984.

Sincerely,

I think while I agree with the other attorneys Immigration court is not the first choice I believe you should try to get this case expunged. As one of the few criminal defense/ immigration Lawyers I know cleaning up your record makes sense and if you do fall into proceedings puts you in a better light with the court. There is charge to contact and discuss your options. 619-922-5287.