pullen.kelly0109
New member
My husband adjusted to LPR status in 2006 and was supposed to renew his green card in 2016. We travelled to Canada one month before his green card expired and a few days before it expired he was detained there on an anonymous tip that he was trying to work without authorization. His green card expired while he was in custody there. While he was in custody for the accusation of working, a warrant for his arrest came out from the US. So they transferred him to US marshal's custody to face criminal charges. Here are the dates: arrived in Canada 06/17/16; detained 09/21/16; transferred to US custody 01/20/17. He plead guilty and completed his sentence 12/19/17. He was transferred to immigration detention on 12/20/17. His NTA states that he is an arriving alien. That is my first question, why is he being considered an arriving alien? I understand his green card expired, but the status doesn't, right? Then, his NTA says he is being charged with a CIMT. It doesn't specifically say that he is being charged with an aggravated felony; however, his crime was 'conspiracy to commit wire fraud' with a monetary loss of more than $10k. So, attorney said automatically his status is void because of his conviction, and advised us to file I-601 and I-485 simultaneously. He said 42-A (cancellation of removal) was not an option since his crime is technically an aggravated felony. I recently went to the immigration office for a status update, and the officer asked me why we filed I-485 since he still has status in their system.. She said that an immigration judge has to revoke the status for it to change, which wasn't done. Now attorney says that if he is LPR still in system, we have to file a Writ of Habeas Corpus. I am tired of wasting money on a lawyer that wants to charge $300 just to breathe in my direction. I am asking for some sincere simple truth here. How does this work? Did we take correct action? Is there anything else that should be done right now?