Legal Question in Immigration Law in Michigan

Removal Proceedings

I came to the U.S. in September 1999 (4 years 9 months ago) on H1B visa. Then I got my green card in May 2002 (2 years ago)under 'Extraordinary Researcher/Scientist Cartegory - EB1 Category'. I got married in Febrauary 2002 and in September 2002, one day my wife called police and said I was abusing her verbally. Police arrested me and I pleaded 'no contest' under MCL 769.4a. I did not go to Jail, but after 6 months of probation, my case was dismissed and my records are expunged.

Last month I received a letter from the INS that I am subjected to removal. Although my records are expunged, MCL 769.4a applies to only Michigan, but I am still convicted criminal for INS.

Can I re-petition I-140 and later I-485 for adjustment of status to avoid deportation?. My employer has agreed to sponsor me.

I received a letter from INS for deporatation on May 12, 2004, but no date is set for initial hearing. May I know how much time it would take INS to set the date for initial hearing? 6 months or one year?

Thanks,

Shiva


Asked on 6/18/04, 7:45 pm

1 Answer from Attorneys

Caridad Cardinale Pastor & Associates, P.C.

Re: Removal Proceedings

There are several options for you to pursue. Please call our office for a consultation at 248 619 0065. You can make an appointment and we can discuss your options so you can make an intelligent choice.

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Answered on 6/21/04, 11:04 am


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