Non US Citizen Deported

[Tiff 0]

I have a friend who heard me bragging about Visajourney forum and she asked me to post her story because she can not speak English too well. Apologize if this topic in the wrong forum, and please move this post where appropriate. Thank you in advance for your feedback.

Her boyfriend came to America under HO Program (Humanitarian Resettlement (HR) process in order to consider Vietnamese citizens who were former soldiers or officials of the former southern government before April 30, 1975 and were in re-education centers after April 30, 1975 (HO program.) He has an assault felony charge and will be deported back to Vietnam soon because he is not American citizen. Her question for us is what can she do to help him stay. Can they get marry since she is US citizen? Can he open a business here to help him stay?

She is waiting for your answer. Thank you once again.

Tiff

[skiptex 225]

he has a felony charge on him (is it pending or has he been found guilty).. getting married now, would probably not help.. the felony is probably a more pressing matter..

[Inky 1,110]

Getting married to stop a deportation wont work. My friend tried and they were smashed in court about marrying to try and stop a deportation of a felon and they deported him anyways.

[Jojo92122 1,924]

If the assault felony resulted in a prison term longer than one year, then it is an aggravated felony under immigration laws. An aggravated felony means that his deportation cannot be stopped and he will be unable to apply for any other legal status. Marriage to a US citizen and opening a business will not help him.

On July 11, 1995, the US established normal diplomatic relationship with Vietnam. This date is important when deporting Vietnamese people.

If the Vietnamese immigrated to the US before July 11, 1995, Vietnam will not accept the person if deported. That person will stay in immigration detention after deportation. This person could be parole into the US and receive an EAD.

If the Vietnamese immigrated to the US on July 11, 1995, or afterwards, Vietnam must take this person if deported.

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I've personal experience with this. My brother immigrated to the US from Vietnam before 1995. Never became a US citizen. Committed an aggravated felony. Got deported. Got parole. Got his EAD. Lives and works like everyone else, he just can't leave the US. If he leaves the US, he would not be allowed to re-enter the US.

Edited October 13, 2011 by Jojo92122

[Jojo92122 1,924]

You don't have to post your question more than once. Once is enough.

[Brother Hesekiel 2,236]

If someone is in deportation proceedings, anything that would attempt to prevent that, such as marriage to a US citizen, will be seen as what it is: a way to prevent deportation and thus will not be successful.

[Bobby+Umit 161]

If the assault felony resulted in a prison term longer than one year, then it is an aggravated felony under immigration laws. An aggravated felony means that his deportation cannot be stopped and he will be unable to apply for any other legal status. Marriage to a US citizen and opening a business will not help him.

On July 11, 1995, the US established normal diplomatic relationship with Vietnam. This date is important when deporting Vietnamese people.

If the Vietnamese immigrated to the US before July 11, 1995, Vietnam will not accept the person if deported. That person will stay in immigration detention after deportation. This person could be parole into the US and receive an EAD.

If the Vietnamese immigrated to the US on July 11, 1995, or afterwards, Vietnam must take this person if deported.

--------------

I've personal experience with this. My brother immigrated to the US from Vietnam before 1995. Never became a US citizen. Committed an aggravated felony. Got deported. Got parole. Got his EAD. Lives and works like everyone else, he just can't leave the US. If he leaves the US, he would not be allowed to re-enter the US.

Interesting to know - thanks for sharing.

[Kang 22]

If the assault felony resulted in a prison term longer than one year, then it is an aggravated felony under immigration laws. An aggravated felony means that his deportation cannot be stopped and he will be unable to apply for any other legal status. Marriage to a US citizen and opening a business will not help him.

On July 11, 1995, the US established normal diplomatic relationship with Vietnam. This date is important when deporting Vietnamese people.

If the Vietnamese immigrated to the US before July 11, 1995, Vietnam will not accept the person if deported. That person will stay in immigration detention after deportation. This person could be parole into the US and receive an EAD.

If the Vietnamese immigrated to the US on July 11, 1995, or afterwards, Vietnam must take this person if deported.

--------------

I've personal experience with this. My brother immigrated to the US from Vietnam before 1995. Never became a US citizen. Committed an aggravated felony. Got deported. Got parole. Got his EAD. Lives and works like everyone else, he just can't leave the US. If he leaves the US, he would not be allowed to re-enter the US.

I get the impression that the Vietnamese government still harbor feelings against South Vietnamese?

[Deputy Purple 1,294]

If the assault felony resulted in a prison term longer than one year, then it is an aggravated felony under immigration laws. An aggravated felony means that his deportation cannot be stopped and he will be unable to apply for any other legal status. Marriage to a US citizen and opening a business will not help him.

Correct me if I'm wrong but I believe it's not a matter if the charge resulted in a term of longer than one year but rather if the maximum punishment for the charge is imprisonment of more than one year. So even if he only received a six month sentence if he could have been imprisoned for more than 12 months then he's still deportable.

[Jojo92122 1,924]

I get the impression that the Vietnamese government still harbor feelings against South Vietnamese?

I don't think it's hard feelings. It's more about which country has to deal with the undesirable and economics.

Who wants the Vietnamese criminal? The US government doesn't want this person - that's why the Vietnamese person is losing his LPR status and being deported. The Vietnamese government doesn't want all the Vietnamese LPR rejects.

The Vietnamese government must take those who left Vietnam and immigrated to the US after 1995 because it is obligated to under the understanding it entered into with the US. Violating the agreement would affect Vietnam economically.

To me, it's not about the war. It's about who has to deal with these criminals with aggravated felonies and money.

[Jojo92122 1,924]

Correct me if I'm wrong but I believe it's not a matter if the charge resulted in a term of longer than one year but rather if the maximum punishment for the charge is imprisonment of more than one year. So even if he only received a six month sentence if he could have been imprisoned for more than 12 months then he's still deportable.

INA 101(a)(43) - definition of aggravated felony: (F ) a crime of violence (as defined in section 16 of title 18, but not including a purely political offense) for which the term of imprisonment at least one year.

Don't know if that means a crime with a possible term of at least one year or actual imprisonment for one year. I think it is the latter.

Edited October 13, 2011 by Jojo92122

[Deputy Purple 1,294]

Don't know if that means a crime with a possible term of at least one year or actual imprisonment for one year. I think it is the latter.

I've always seen it read as possible term not actual sentence.

When you think about it if it's done as actual sentence then that would open it up to challenge as two people charged with the same crime could have differing results based on the sentencing, IMHO...

[Boiler 45,499]

OP said he had been charged, not convicted.

[Jojo92122 1,924]

OP said he had been charged, not convicted.

Never heard of anyone being deported because he/she was charged with a felony. Innocent until proven guilty? Seems kinda stupid to start deportation against a person who may be found "not guilty."

Generally, you have to have been convicted of a felony before deportation occurs. It is the conviction of an aggravated felony which results in revocation of LPR status and makes the person deportable.

[Kathryn41 3,205]

Duplicate threads have been merged and duplicate post removed