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Hey everyone, my case is pretty complicated as I'm sure they all are.
Ok I came to USA in 1998 as a refugee but legally, USA gave me i90 or something like that and then I got my Green Card in like 2003. Then when I was just 17 years old but had my green card I got in trouble for something really dumb which I rather not talk about. It was just a class A misdemeanor here in Illinois but INS converted me of an aggravated felony. This made no sense to me but Federal and State laws do differ greatly. I didn't do any jail time or anything (max I could have gotten was a year), but I only got sentenced to 40 hours of community service. INS was going to deport me but then my lawyer was able to get me to stay here under Conversion Agains Torture (CAT). Not many people win this so I was happy.
I've live in USA for 10 year now on CAT without any problems but I have no status here, can't go on vacation with my whole family who are all citizens, I have to repot to INS in Chicago once a year, no green card, no chance of any statue change, can't get married and have kids because I'm afraid I'll get deported one day... Its a pretty horrible way to live but still A LOT better then getting deported and not seeing only family I have left so I'm still grateful.
My question is I've read that RECENTLY many different federal circuits including the one I'm in 7th (also Third, Fourth, Fifth, Ninth, and Eleventh) have rules that even after aggravated felony I am eligible for a 201(h) waiver because I did not enter USA with a green card, but I adjusted to a green card.
Does this help me? What steps should I take if any to hopefully get my green card back one day and become a citizen? Do I have to start off with a i-130, then 212(h) and then i-485? What can I file for on my own without a lawyer, and what must be done with a lawyer?
Any advice or even just point me in the right direction, I don't mind doing the research is much appreciated. Thanks all.
HERE is the stuff I found talking about the 212(h) after aggravated felony:
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Ok I came to USA in 1998 as a refugee but legally, USA gave me i90 or something like that and then I got my Green Card in like 2003. Then when I was just 17 years old but had my green card I got in trouble for something really dumb which I rather not talk about. It was just a class A misdemeanor here in Illinois but INS converted me of an aggravated felony. This made no sense to me but Federal and State laws do differ greatly. I didn't do any jail time or anything (max I could have gotten was a year), but I only got sentenced to 40 hours of community service. INS was going to deport me but then my lawyer was able to get me to stay here under Conversion Agains Torture (CAT). Not many people win this so I was happy.
I've live in USA for 10 year now on CAT without any problems but I have no status here, can't go on vacation with my whole family who are all citizens, I have to repot to INS in Chicago once a year, no green card, no chance of any statue change, can't get married and have kids because I'm afraid I'll get deported one day... Its a pretty horrible way to live but still A LOT better then getting deported and not seeing only family I have left so I'm still grateful.
My question is I've read that RECENTLY many different federal circuits including the one I'm in 7th (also Third, Fourth, Fifth, Ninth, and Eleventh) have rules that even after aggravated felony I am eligible for a 201(h) waiver because I did not enter USA with a green card, but I adjusted to a green card.
Does this help me? What steps should I take if any to hopefully get my green card back one day and become a citizen? Do I have to start off with a i-130, then 212(h) and then i-485? What can I file for on my own without a lawyer, and what must be done with a lawyer?
Any advice or even just point me in the right direction, I don't mind doing the research is much appreciated. Thanks all.
HERE is the stuff I found talking about the 212(h) after aggravated felony:
.
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