QUESTION

Can my husband get deported again if he shows up to court to finish his probation and domestic violence classes?

Asked on Apr 17th, 2014 on Immigration - District of Columbia
More details to this question:
My husband got deported for domestic violence which was false accusations but he still got deported. Can he show up to a judge to finish his classes and not be deported again?
Report Abuse

3 ANSWERS

It really depends on the circumstances of your husband's case. If he has an outstanding warrant for his arrest, it's possible that he may be arrested and reported to ICE when he appears for his court hearing.
Answered on Apr 18th, 2014 at 6:22 PM

Report Abuse
Adebola O. Asekun
If your husband was ordered deported for a domestic violence conviction, he is unlikely to be allowed to return, because a domestic violence conviction is an aggravated felony. If the allegations are indeed untrue, he should have vigorously fought the charges in the criminal court at that time. If your husband returns to the US illegally after his deportation, or if he never left, he is at risk of being picked up by ICE. If there is any hope for him to remain in the US legally, he should contact an experienced immigration lawyer.
Answered on Apr 18th, 2014 at 12:49 PM

Report Abuse
Your husband could be deported if he is out of immigration status (unlawful presence in the U.S.), a deportation order has already been issued and/or if he is convicted of a crime for which removal is warranted. You mentioned that your husband had already been deported once before. Is he back in his home country or back here in the U.S.? Did he re-enter the U.S. legally? Is his immigration status current? Is he a lawful permanent resident now? Are you a U.S. Citizen or a lawful permanent resident? These are questions that you need to answer and discuss with an immigration attorney in confidence of an in-person or a phone consultation. If your husband was ordered by the court, as part of his probation, to complete anger & domestic abuse prevention & treatment classes, then he needs to complete them to avoid a probation violation and/or to satisfy the terms of deferred adjudication. Local law enforcement does report arrested aliens to US DHS ICE who can initiate removal proceedings once the alien is in their custody (e.g. transferred to ICE by local law enforcement or picked by ICE at their own initiative). As such, I would advise you and your husband to retain an immigration attorney to ensure compliance with state criminal laws and U.S. immigration laws in order to avoid deportation or to try to regain lawful entry into the U.S.
Answered on Apr 18th, 2014 at 12:40 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters