deportation and citizenship

[hazy101 0]

I understand I think I'm not explaining it right let me explain fully so u can understand 

i came in 2011 with a green card right after a year I got conveted to aggravated assault which is CIMT which is why immigration pick my case and my lawyer try to change my ple but it took a while but immigration judge already make the disition I mean he deny it and right then my lawyer file asylum case but right after that my plead got change to attempted aggravated assault which is petty offense exemption now my lawyer is not purssing my old case which immigration judge denie bc of CIMT he working on asylum which is next year and also lawyer ask my wife to file I-130 to for me tooo and the green card I got in 2011 I still got it and I'm still facing deportation 

thats what I don't understand at all 

[Going through 5,671]

11 minutes ago, hazy101 said:

I understand I think I'm not explaining it right let me explain fully so u can understand 

i came in 2011 with a green card right after a year I got conveted to aggravated assault which is CIMT which is why immigration pick my case and my lawyer try to change my ple but it took a while but immigration judge already make the disition I mean he deny it and right then my lawyer file asylum case but right after that my plead got change to attempted aggravated assault which is petty offense exemption now my lawyer is not purssing my old case which immigration judge denie bc of CIMT he working on asylum which is next year and also lawyer ask my wife to file I-130 to for me tooo and the green card I got in 2011 I still got it and I'm still facing deportation 

thats what I don't understand at all 

Since your lawyer filed for an asylum case after the judge denied your first case, the asylum filing "withholds" or "suspends" you being placed in actual removal proceedings while your asylum case is pending.  The lawyer pleaded down your case to help your application over all.

 

There really is no "old" case to pursue since that was already over and done with.  You have a "new" case now with the asylum filing.  

 

Think of it as "your deportation is on hold until we see if your asylum is granted". 

Edited September 11, 2017 by Going through

[Going through 5,671]

You might find this article interesting 

 

http://www.alllaw.com/articles/nolo/us-immigration/stopping-removal-deportation-asylum-application-i-589.html

[Hazy102 0]

Oh okay , yes my lawyer filed the asylum withhold and so basically he can't do anything for my old case now my plead is already change , and then he also made my wife to file I-130 to and it's already approved to he told me  you will either get the new green card through asylum or through ur wife without leaving the country I don't understand neither that then then how my old green card still valid and why lawyer said it not a problem to renew it 

Edited September 11, 2017 by Hazy102

[Boiler 45,880]

Applying for Citizenship apart from anything else has an understanding English component.

[Going through 5,671]

5 minutes ago, Boiler said:

Applying for Citizenship apart from anything else has an understanding English component.

The OP seems to understand English just fine?  Understanding legal stuff is different, of course, not everyone has a grasp on that...

[Going through 5,671]

8 minutes ago, Hazy102 said:

Oh okay , yes my lawyer filed the asylum withhold and so basically he can't do anything for my old case now my plead is already change , and then he also made my wife to file I-130 to and it's already approved to he told me  you will either get the new green card through asylum or through ur wife without leaving the country I don't understand neither 

You can try calling your lawyer and asking him this question so you fully understand what he meant by what he told you.

[Hazy102 0]

I really appricate all your help 

and thank you so much for ur time 

[Suss&Camm 2,213]

There has to be a formal decision made to revoke an LPR status. You will remain an LPR as long as no decisions have been made and as long as you are an LPR, you are eligible to renew the Green Card that serves as proof of that status.

Edited September 11, 2017 by Suss&Camm

[f f 725]

an asylum case just delays a deportation case, so unless there is a legitimate reason to get it you are just delaying having to leave the country.

 

also make sure to carry your greencard with you at all times since failure to do so is technically a misdemeanor which would be your second which can prevent you from using the petty crimes exemption for the first case.

[WandY 430]

4 hours ago, Boiler said:

Applying for Citizenship apart from anything else has an understanding English component.

And a moral component. Committing violent felonies is not conducive to positive outcomes in any U.S. court - especially immigration. I hope that you are getting help with whatever led to the assault and conviction. Aggravated assault is not petty, regardless of the legal spin. Not sure of your circumstances, but showing the judge that you are going above and beyond the lawyer's shingle is always a good step towards a favorable resolution. Speaking from experience, not Monday morning quarterbacking.

[Boiler 45,880]

5 years good character is the norm.

 

However this has so many complication I would not want to be toe certain.

 

Filing an Asylum claim when you have a GC is odd, I have seen it used before but usually in frivolous circumstances.

[sparkles_ 456]

Termination of removal can't be done til you settle your criminal stuff and get a charge plus disposition on the record. After, once you know where you stand with the criminal charge you can see what would happen with your immigration court.

 

No, you should not file the n400 as it would be denied and your money kept since you have both an open criminal case as well as open removal case.Lawyer is filing refugee/asylum stuff as a safety net in case your GC is taken and you are deemed removable. Lawyer would counter with the fact that you can't be sent back for fear of persecution in some way. I'm no lawyer myself, I've just had unfortunate experiences with removal court and lived to tell the story, so take my two cents at half value.

Edited September 11, 2017 by sparkles_

[Hypnos 6,578]

Frivolous asylum filings can cause you significant issues down the line. 

 

Not saying that's what's happening here--I have no idea whether it is or it isn't--but the timing is unhelpful. 

[hazy101 0]

Thank you every body for the reply

ok my criminal cases is already finished and by the time it gota finished the immigration court already order deportation / denied because it was CIMT and that day my lawyer filed asylum and even about my asylum case every thing is real and I can prove that but I really don't wana go with that route if I can save my current status where I don't have to wait so now my criminal lawyer changed my ple to lower and that fall into petty offense exemption my question there is no way that my case can reopen or if my lawyer can fight for petty offense exemption now is there any way they can allow me lawyer to argue about petty offense exemption

tha k you guys