podrujka писал(а):
Адвокат есть, но не эмиграционный. Спрашиваю, т.к только что про это услышала. Завтра спрошу у адвоката. Но не уверена, что адвокат будет в курсе. Может кто-нибудь знает ответ. Тогда я ссылку адвокату покажу, пусть сам разбирается.
Пока под следствием, но скорее всего осудят. Он условное освобождение по этому избиению провалил.
Условное/не условное, на самом деле, не имеет значения. Главное был осужден или нет. Так-же не стоит вестись на сделку - это все прокатывает с гражданами, но не с ГК. В пару к криминальному нужен иммиграционный и работать они должны в связке. Здесь, в Бостоне, я бы вам такую связку мог посоветовать, но это в Бостоне...
Имейте в виду, что некоторые вещи, которые по законам штата могут и не тянуть на что-то серьезное, с федеральной точки зрения тянут на депортацию (наркотики, в частности). И судить будет штат, а депортировать - федералы.
Гуглите Grounds for departation
Цитата:
Briefly summarized, a person may be deportable from the U.S. if he or she:
was inadmissible at time of U.S. entry or of adjustment of status, or violates the terms of his or her visa, green card, or other status.
was a conditional permanent resident status (applicable to certain spouses, sons, and daughters of U.S. citizens as well as investor/entrepreneurs, with their spouses, and children) but had this status terminated.
before, during, or within five years of the date of any U.S. entry, knowingly helped smuggle any other alien trying to enter the United States.
committed marriage fraud.
got married less than two years before getting a U.S. green card on that basis, then has the marriage annulled or terminated within the following two years, unless the immigrant can prove that the marriage was not a fraud, meant to evade any provision of the immigration laws.
is convicted of a crime involving moral turpitude that was committed within five years ) after the date of U.S. admission (or ten years if the person received a green card as a criminal informant) and is punishable by a sentence of at least one year.
has been convicted of two or more crimes involving moral turpitude at any time after U.S. admission, where the two crimes did not arise out of a single scheme of misconduct.
has been convicted of an aggravated felony at any time after U.S. admission.
has been convicted of high-speed flight from an immigration checkpoint.
fails to register as a sex offender.
has been convicted of a drug crime (or a conspiracy or attempt to commit one), whether in the U.S. or another country, at any time after U.S. admission. There’s an exception for a single offense involving possession for personal use of 30 grams or less of marijuana.
is, or at any time after U.S. admission has been, a drug abuser or addict. Notice that no actual court conviction is needed to be deportable under this section. The person’s own confession to drug use, or evidence on a medical report, could be enough.
has been convicted of illegally buying, selling, possessing, or engaging in other transactions concerning firearms, weapons, or destructive devices, at any time after U.S. admission.
has been convicted of committing, or conspiring to commit espionage, sabotage, treason, or sedition, if punishable by at least five years in prison.
has violated the Military Selective Service Act or the Trading With the Enemy Act.
has violated certain travel and documentation restrictions or imported aliens for immoral purposes.
has been convicted of domestic violence, stalking, child abuse, child neglect, or child abandonment, at any time after U.S. admission.
has violated the portion of a protective order that is meant to stop credible threats of violence, repeated harassment, or bodily injury.
has committed or conspired to commit human trafficking inside or outside the U.S. or has apparently been a knowing aider, abettor, assister, conspirator, or colluder with in severe forms of human trafficking; or is the trafficker’s spouse, or daughter who, within the past five years, knowingly received any financial or other benefit from the illicit activity.
failed to advise the immigration authorities, in writing, of a change of address within ten days of the move, unless the person can prove that such failure was reasonably excusable or not willful.
has been convicted of providing false information in connection with a requirement to register with immigration authorities or of other violations relating to fraud and misuse of visas, permits, and other entry documents.
has received a final order of deportation for document fraud, forgery, counterfeiting, or related violations.
falsely represents himself or herself as a U.S. citizen in order to gain any immigration or other benefit. An exception is made if the person’s parents (natural or adoptive) are or were U.S. citizens, the person lived in the United States before age 16, and the person reasonably believed himself or herself to be a U.S. citizen.
is engaged, or at any time after admission engages in espionage, sabotage, or violations or evasions of any law prohibiting export of goods, technology, or sensitive information, or in any other criminal activity that is a danger to public safety or national security, or acts in opposition to, or attempts to control or overthrow the U.S. government by force, violence, or other unlawful means.
has engaged in or appears likely to engage in terrorist activity, or has incited terrorist activity, or is a representative a terrorist organization or group that endorses or espouses terrorist activity, or is a member of a terrorist organization (unless the person proves that he had no idea of its terrorist aims), or endorses or espouses terrorist activity or persuades others to do so, or has received military-type training from or on behalf a terrorist organization, or is the terrorist’s spouse or child, if the relevant activity took place within the last five years.
by being present in the U.S., would create potentially serious adverse foreign policy consequences.
participated in Nazi persecution, genocide, torture, or extrajudicial killings, severe violations of religious freedom, or recruitment or use of child soldiers.
within five years after U.S. entry, has become a public charge (dependent on need-based government assistance) for reasons that did not arise after the person’s U.S. entry.
has voted in violation of any federal, state, or local law. An exception is made for people who, based on parentage, reasonably believed themselves to be U.S. citizens.
http://www.nolo.com/legal-encyclopedia/ ... moved.html
