of course she "needs" to win on appeal, because he "needs" a new boat. If she married an american and she is in the country, they aren't going to make her leave. Tell her to have a baby, then it's for sure (with the person she married).
I didn't have all the info when I last posted so here goes again... Any info welcome.
My friend who's here as a political asylee was arrested and tried and convicted of solicitation in one of the local AMP's. At the time she did not speak English and her defense was she didn't understand what the undercover officer wanted. She lost. The conviction is on appeal.
She has since quit working in the AMP took and passed (with great effort) a manicurist course (and thereby learned some working English) and got a manicurist license and is now working in a nail salon. She has also gotten married to an American citizen. So she's applying for her greencard based on her marriage. Can they still send her back?
She finally got a lawyer after much convincing from a bunch of us. He says she needs to win the appeal or it's gonna be tough. But he also mentioned something about a waiver if she loses the appeal. How difficult is it to get a waiver?
of course she "needs" to win on appeal, because he "needs" a new boat. If she married an american and she is in the country, they aren't going to make her leave. Tell her to have a baby, then it's for sure (with the person she married).
"If she married an american and she is in the country, they aren't going to make her leave. Tell her to have a baby, then it's for sure (with the person she married)."
You have no idea what you are talking about. They can and do make people with criminal convictions leave all the time and they can put them in a Federal prison while they are waiting for their cases to be decided which can and does take years.
You really need to sit down with the lawyer and go through ALL
the scenarios. Only then can you find your options, evaluate
their likelihood of occurring and ultimately make an informed
decision.
good luck,
fr
Your friend does not stand much of a chance on her criminal appeal. She can only appeal on technical grounds - not whether she is guilty or not. Technical grounds could be whether she understood her rights when they were read to her or whether she had fair legal representation. Honestly though, for a solicitation case she has almost no chance of winning this appeal.
The next problem she will have is that she has to report her arrest and conviction to the INS (now DHS). Also, you say that she is here as a political asylee? Has she reported her conviction to her case officer? Can she still apply for her green card as a political asylee and not as a married status? Her married status will almost certainly be challenged because of the nature of her conviction.
Most likely what will happen is that she will be turned down and have to go through the appeals process in the INS court. A lot will depend on what country she fled from. If she is asian then most likely that will be China, right? It may be hard to convince an INS judge that her being deported to China will cause her great bodily harm. She needs to sit down with a good immigration lawyer and plan out a strategy now - not later.
Thanks for the info, guys. She has an immigration lawyer. I don't know how good he is. Her husband's handling it with her. The INS knows about her conviction and she was told they can't make a decision until the appeal is done. The lawyer says that if she lost the appeal her greencard would not be approved and she'd be sent back, but he could file for a "waiver' to try to get it approved. It sounded like an appeal process too. How difficult is this waiver process??