Montvale, NJ Immigration Law Firms & Lawyers

You may be a U.S. citizen by way of your father, but if that was not brought to the attention of the court, they would deport you. Did you have a lawyer? You need to call a lawyer to provide some additional details. Even if you were deported, if you can prove your citizenship you will be able to return.

There is some hope in the adverse facts that you presented once you are in the immigration court for removal. When such proceedings are initiated in that court for removal (deportation), you may be able to seek judge's discretion who takes a "balancing of equities" test to determine if they can cancel the removal proceedings and grant you status. Much depends on the personal and public records of yours in an in-person consultation with an attorney to come to take such a risky route. Alternatively, you may have to leave the country and re-apply under another visa.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Was there a legitimate reason for filing separate from your husband? How long ago was the shoplifting charge? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your situation and advise you of your options.