QUESTION
Can he still get deported under Trump’s new immigration laws if recently got arrested in July 2016 for a DWI?
Asked on Feb 11th, 2017 on Immigration - California
More details to this question:
He was held by immigration (he is not here legally) and was released on an immigration bond at the end of September. We got married at the beginning of September while he was in there. We have a 2 year old son. I filed an I-I30 application for him. He was sent with ICE before completing his sentence with the county so when he was out on immigration bond, he had the court with the county at the end of December. He was sentenced to do 9 days in jail. While in there, they put another ICE hold so we were told he would be sent with ICE again. A day before his sentence was over, he was told his ICE hold was canceled and was released the following day. We have an upcoming immigration court at the end of this month.
1 ANSWER
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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. The fact that he is here illegally, will work against him. However, assuming that you are a U.S. Citizen, and can prove the legitimacy of the marriage, it may be possible to have the removal proceeding terminated based upon the I-130. Has the I-130 been approved? If not, the judge may agree to continue the proceedings until it is approved. I strongly suggest that you contact an experienced immigration attorney immediately for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. (S)he would then be in a better position to analyze his situation and advise you of your options. Time is of the essence.
Answered on Apr 22nd, 2017 at 7:38 AM