Legal Question in Immigration Law in California

On 2011 I was deported from the United States after overstayed my tourist visa for several years and after being in state prison for several years. While in prison I filed a Civil Rights Complaint which is in the Discovery process. The Judge handling this complaint issued me an order to show proof that I can assist trial or hire a lawyer or the complaint will be dismissed. I have been representing myself because no lawyer wanted to take this case (seems a hard one and as a proof I have received over 25 refusals), and the US embassy in Spain has denied me to go back to the US, so the case seems to me that it is going to be unfairly dismissed.

What are my options?


Asked on 7/18/13, 7:55 am

1 Answer from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

If you have been deported from the United States either voluntarily or forcibly by an Immigration Judge and/or Immigration and Customs Enforcement ("ICE") and/or Customs and Border protection ("CBP"), there are many legal mechanisms and methods for you to return to the United States.

For example you can always file a Motion to Reopen or a Motion to Reconsider (even if you are outside the United States) and you can always file petitions that you may be eligible for regardless of whether you are currently outside the USA.

You may also be eligible for a I-601 Hardship Waiver and a Petition to Re-Enter the USA with Form I-212.

Furthermore you may still be able to attack criminal convictions collaterally that resulted in your deportation proceedings and clean up your criminal record.

In some cases if you file a Motion to Reopen or a collateral attack on your Criminal Conviction through a successful Motion to Vacate, you might be able to persuade a Judge to issue you a subpoena so that you can testify personally in your Immigration Proceedings or even in Criminal Court, either federal, state, or local if you can persuade the Judge that your personal testimony is absolutely essential in furtherance of justice.

For further details, information, and a free consultation to see if you qualify, please call our law office at (212) 968-8600, toll free at (866) 426-5628, or email us at [email protected].

I have been doing this for more than 11 years and I know what I am doing.

Thanks and best regards,

RDM

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Answered on 7/30/13, 5:27 pm


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