Davenport, FL Immigration Law Firms & Lawyers

Your questions should also be discussed with a criminal defense attorney who can advise you on the possible alternatives to a moral turpitude conviction.  First of all, you can be removed from the U.S. because you are out of status, regardless of your criminal history.  The question is how and when you could face removal proceedings.   In general, if you receive jail time, ICE will be notified and a hold will be placed on you.  You will not be released from jail after serving your sentence and will be turned over to ICE custody.  You might remain in the same jail, but your legal custody will change from the State to ICE.   A shoplifting offense is a crime involving dishonesty and, therefore, is a crime involving moral turpitude.  It does not matter if it is a misdemeanor or felony; if the maximum possible sentence is one year or more, it is a removable offense.  If the maximum possible sentence is less than one year, and you were not sentenced to serve more than 6 months in jail, you may be eligible for an exception.  But you could still be removed based on you violating your status when you stopped attending classes. If you do not receive a jail sentence, then you most likely will not be turned over to ICE. Good luck, Mark

You must file on time with or without the divorce decree. Just to make sure, you received temporary residency status not a visa, correct? In that case, then you must file. Once you have the interview, you may already have the divorce decree or just inform immigration of the status of the case. Immigration will not be so concerned with your divorce, but with proof that your marriage was valid ab-initio (when it started). I would recommend you hire the services of counsel to help you with this matter.

If a foreign national enters the US with a valid visa, and she marries a US citizen, and is sponsored for a green card by that US citizen spouse, then it does not matter if she falls out of status.