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cbourner · Oct 17, 2007, 05:27 PM

Hello,
I am asking these questions on behalf of my step daughter. She and her father (to whom I am married) arrived in the US on a green card/visa in 1996. She is currently in prison waiting trial and conviction for 3 theft charges(by several credit cards, stolen checks and money stolen from her employer) She has plead guilty to all charges and the credit card companies are aggressively pursing conviction to the max.
Her public defender has told her he cannot represent her because of her INS status and that she will most likely be deported after serving her sentence (99% chance). He has told her to obtain an immigration attorney and advised her that having an immigration lawyer will not sway her conviction. After my husband and I discussed this and weighed our options, we cannot afford to obtain a lawyer for her.
So my first question is will she most likely be deported?
Secondly, she has a 5 year old son who was born to an American father. The father has never seen Nathaniel and wants nothing to do with him. So my second question is if she is deported, will she be allowed to take her son with her? We have been told that with 3 felony convictions there is a strong possibility that she will not be allowed custody of her son. My husband and I have currently guardianship of him and he is living with us. We would have course adopt him. Anyone know if there is any truth to not having her son returned to her?
I greatly appreciate any help, legal or otherwise, to clarify these questions.
Thanks and God bless,
Cathy

Lowtax4eva · Oct 18, 2007, 10:40 AM

She should withdraw the guilty plea first off because yes, if she is convicted of all 3 counts she will be deported.

I would highly suggest to find a way to get an immigration lawyer they might be able to prevent the deportation. About the child, I'm not sure I don't think a US court can decide what happens to a child of a foreign citizen. But then again maybe an immigration lawyer (one that specializes in deportation cases) would know.

cbourner · Oct 18, 2007, 11:16 AM

Thanks for the reply. I have spoken to several immigration attorneys and the answer is basically the same. The pleas cannot be retracted due to circumstantial evidence. I was also told by several attorneys that having an INS attorney will make no difference in the outcome of her convictions as I previously stated. It is my knowledge that her child will remain with her if she is deported. If she had committed murder or was a child abuser, then the situation would be very different.
Thank you again for your comments.

cbourner · Jan 5, 2009, 06:33 AM

I decided to revisit my post.
Why should she retract the guilty pleas when she IS guilty?? Crimes, of any nature, when guilt is clearly evidenced are & should be punishable, despite her personal situation. It amazes me that in the last year and half, she has had additional theft charges levied against her and all she gets is time added to her existing probation. What a lousy legal system!
If you don't want to do the time, (or be deported) then don't do the crime-simple as that.

JudyKayTee · Jan 5, 2009, 06:52 AM

Originally Posted by cbourner

I decided to revisit my post.
Why should she retract the guilty pleas when she IS guilty???? Crimes, of any nature, when guilt is clearly evidenced are & should be punishable, despite her personal situation. It amazes me that in the last year and half, she has had additional theft charges levied against her and all she gets is time added to her existing probation. what a lousy legal system!
If you don't want to do the time, (or be deported) then don't do the crime-simple as that.

This is an October 2007 which you have opened because it was questioned in connection with one of your other threads -

This is a legal thread and your continuing "what a lousy legal system" comments really don't add to the discussion.

Is there a new legal question here?