Legal Question in Immigration Law in Indiana

Had the TPS from Honduras with my wife, I was acused of domestic violance and was send to jail. Then I was deported. How can I reopen my case?


Asked on 1/25/10, 9:06 am

3 Answers from Attorneys

Charles Medina Law Office of Charles Medina

You need a immigrant petition (family-based or employment-based) and We suggest you to consult with an immigration attorney since you have pervious deportation.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 1/30/10, 11:07 am
Luba Smal Smal Immigration Law Office

After you were deported to Honduras, you can't reopen TPS.

It appears that you don't have any case to reopen.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/30/10, 11:24 am
Marc Seguinot Seguinot & Associates, P.C.

If you were deported for an aggravated felony, that is, the government charged you with a crime of violence, and the immigration judge agreed, well, you may be out of the U.S. for quite a long time. You cannot reopen your TPS, and, depending on when your immigration case was, it is highly unlikely you can reopen your immigration case, or file an appeal at this point. An appeal had to have been filed within 30 days of the immigration court decision, and if you were already deported, it's probably way past that time. There are two possibilities which could challenge your deportation. First, if your criminal conviction is modified in some way due to a challenge of the criminal procedure below, or some error of law, or simply new evidence that could find you not guilty and give you a new trial. In which case, that would require going back to the criminal case and fighting that there was an error. On the other hand, I will bet you pled guilty, in which case you accepted the facts as they were and you committed the crime. That is very difficult to overcome. The second possibility is a challege to the immigration and deportation proceedings. We specialize in difficult deportation cases and sometimes there is a fact pattern that would lend itself to challenging the entire immigration proceeding for defects in the law or in procedure. Without knowing all the facts of your case, it is hard to tell what went on in your case. Contact my web site at www.seglegal and let us know what the facts are. Good luck!

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Answered on 1/30/10, 2:41 pm


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