Can I still apply for a deportation cancellation if it's been 10 years since my crime? 5 Answers as of July 18, 2011

While in the military I pleaded guilty to an aggravated felony (Larceny), I was sentenced for 13 months, served my time and was released with no problems. Now 9 years later immigration shows up with a deportation warrant for that same crime. I entered the USA legally, worked legally for 17 years, filed taxes every year and I have 2 children which are both US citizens. Can I still apply for a cancellation of this deportation?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
To properly advise you an immigration attorney is going to need to see the underlying criminal conviction documents. A first step may be applying for some type of post-conviction relief if it truly is an aggravated felony and not just a felony. Are you a permanent resident? I recommend a paid consultation to get your history and options sorted out. If you are in removal proceedings you should find competent deportation counsel in the area of the country where the proceedings are being held or apply for a change of venue to where you live.
Answer Applies to: California
Replied: 7/18/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I see no reason why not (even with an aggravated felony, which usually bars you from cancellation) since there may be other defenses you can put forward to remain a LPR in this country. You need to get a lawyer very quickly and map out your defenses. I am pretty confident you will be able to remain in the US, but the reality is that I do not know your case in order to be able to speak about it competently. A waiver is still possible I believe even in light of the case that was just handed down (matter of Bustamante, can't remember the cite). A lawyer is a must for you. Good luck!
Answer Applies to: California
Replied: 7/18/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
If you are convicted of an aggravated felony you cannot apply for cancellation of removal and have limited forms of relief available to you. People in your situation are may want to look into vacating their criminal conviction, if your attorney did not tell you of the immigration consequences at the time you took your plea this may be an option. You need to speak with an attorney directly. For a free consultation contact my office.
Answer Applies to: New York
Replied: 7/16/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
This is a complicated question and may be answered properly unless we have more information. I suggest you come and see me in person for a free consultation
Answer Applies to: Nevada
Replied: 7/16/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Criminal immigration is not my speciality. Please ask your question to another attorney!
Answer Applies to: California
Replied: 7/16/2011
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