Legal Question in Immigration Law in Pennsylvania

what i have to do or how i can fight for my case if INS catch me and i am not a citizen or national of the US; I am admitted to the US at New York (June 12, 2004 as a CR-2) and i have been convicted (February 27, 2008) in the Kings County Superior Court (at) New York for the offense of Assault with Intent to Cause Serious Physical Injury, committed on or about November 11, 2006 (in violation of New York Penal Law Section 120.05, Subsection 1 ) For that offense, a sentence of one year or longer may be imposed. but my imprisonment was 6 month and i have 5 year probation, what i can do evade myself of deportation ?

Asked on 1/18/10, 12:49 pm

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Unfortunately, there is nothing you can do if you are placed into the custody of the Department of Homeland Security because you have no legal status, nor can you obtain one if you entered as a Crewman 2. One possibillity, depending on your country of origin, and the circumstances you encountered in the past in your country would be to request protection from persecution. If there was never any persecution, however, it would be difficult to convince the government that you need protection. Another possibility is if country conditions have changed in your country and there is a probability that you can be persecuted in the future if you return. If neither of these circumstances are valid, then unless we can find other relief, you may be deported. I would suggest before you end up in Immigration Court that you leave the United States if you do not want to continue to risk detection. There are worse things than returning to your country unless, as I stated, there is danger for you there.

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Answered on 1/28/10, 6:03 pm

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