QUESTION
Can my husband get deported if his visa has expired but we are married?
Asked on Jul 21st, 2012 on Immigration - Wisconsin
More details to this question:
My husband was charged with a DUI, no drivers license, and also for speeding. He came to the US with a visa but it expired a few years ago.We got married a couple of months ago and I'm a US citizen. Can he still get deported? On his profile it shows "hold for ice".
17 ANSWERS
You need to petition for him and then it protects him from deportation unless he is not admissible because of the criminal charges. Typically one DUI is not enough to make one inadmissible but I don't know the entire situation so I cannot comment on what his chances are. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Sep 06th, 2012 at 12:27 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If he is not yet in deportation proceedings I would suggest you file an I-130 and I-485 to obtain his permanent residency. With the complications of his situation though best would first be a consult with us to figure everything out and make sure of his status.
Answered on Aug 10th, 2012 at 3:58 PM
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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You need to speak with an immigration attorney soon. There may be relief available. He may qualify to adjust status. I would not hesitate on contacting an attorney to review your case and let you know your options.
Answered on Aug 10th, 2012 at 3:58 PM
Yes, he can be deported. You should contact an immigration attorney to address this issue. He may be taken to an ICE detention center and detained/deported unless he applies to go in front of an immigration judge and petition to get out on an immigration bond.
Answered on Aug 10th, 2012 at 3:57 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Possibly. I am assuming that your husband is presently in custody. The "hold for ice" means that ICE has a hold on his bailing out and will take him into Federal custody if he makes bail. In other words, even if he bails out, he will still not be released. He will need to take care of his criminal problems first and wait for DHS to file a complaint in immigration court (called and NTA). He may be able to adjust status in the immigration court. I strongly suggest that you contact an experienced criminal law attorney and immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Aug 10th, 2012 at 3:57 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Hello, Yes he can be deported. You should have retained an immigration lawyer immediately after getting married (ideally, before) and applied for his Green Card right away. You will still need to do that now but, depending on the precise nature of the conviction, he may need to apply for a Waiver of criminal inadmissibility as well. Failing that he can be removed.
Answered on Aug 10th, 2012 at 3:57 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You need to retain an immigration attorney* immediately*. Without taking certain steps as soon as possible - and doing them right! - your husband will face deportation. It is *exceptionally* important that an immigration attorney be consulted before your husband takes any plea offer. And you have to explain to your husband that he should not plead guilty just because his criminal defense attorney and the prosecutor say it's OK to do so, and promise that he would go home. If there is an ICE hold recorded on his file, he will not go home, even if you post a bail for him. ICE will take over the custody, which means that your husband will not be released; he might be transferred to another jail or detention facility, possibly in upstate New York, or in Pennsylvania. Worse, ICE can transfer him to a detention facility in Texas, Louisiana, or New Mexico, which will make defending him in removal proceedings much harder. So, even though it might sound strange, your husband is better off staying in custody of the State of New York while the process of obtaining a legal immigrant status for him is being set in motion.
Answered on Aug 10th, 2012 at 3:56 PM
Rebecca T White
Yes, your husband can and will be deported if you do not take steps to stop it. You need to file an immigrant visa petition and application to adjust status to permanent residence (a green card) immediately. If I can be of further assistance please let me know.
Answered on Aug 10th, 2012 at 3:56 PM
3 Awards
If you petition him as an immediate relative and adjust his status simultaneously, all else being equal, he should be able to avoid deportation. You should call a qualified attorney.
Answered on Aug 10th, 2012 at 3:56 PM
1 Award
Yes, it is possible for him to be deported, but being married to a U.S. citizen improves his case. Hire a talented immigration attorney and you may be able to win during the removal hearing.
Answered on Aug 10th, 2012 at 3:56 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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I don't know of a profile that would say hold for ice. But if that is true, you should definitely get some good advice and have an experienced immigration attorney handle your case. Please contact us or some other firm close to you.
Answered on Aug 10th, 2012 at 3:56 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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He needs to submit his application for adjustment of status with USCIS immediately if ICE releases him and hasn't served him with documents to appear in immigration court. If he has been served with documents to appear before an immigration court, you will need to submit an I-130 petition on his behalf immediately. His case is complex and I highly recommend you retain legal counsel as soon as possible.
Answered on Aug 10th, 2012 at 3:55 PM
Your question indicates that he is currently detained for the DUI charge. ICE will likely take him into custody and serve him with a Notice to Appear which puts him in removal proceedings. Your marriage will be a defense against his deportation as it makes him eligible to apply for a green card if he entered the U.S. lawfully. However, the process will be more complicated and take longer once he is in proceedings. ICE is not likely to release him from custody if he gets convicted of a DUI and he will have to request a bond hearing before an Immigration Judge to be released while his green card process is pending. You should consult with an immigration attorney about his case.
Answered on Aug 10th, 2012 at 3:55 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You should file an I-130 visa petition for your husband as soon as possible, and if he entered the US with a visa, he can file an application for adjustment of status at the same time. You should do this before ICE picks him up or issues a Notice to Appear in Immigration Court. Unless he has a prior order of deportation or criminal charges, he has a right to appear in immigration court before being deported.
Answered on Aug 10th, 2012 at 3:55 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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Yes, your husband can still be deported. His marriage to you is a defense to deportation. You should sit down with an immigration attorney as soon as possible to discuss your situation in detail.
Answered on Aug 10th, 2012 at 3:54 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Hello: Did he actually have a deportation order? If not, and he entered legally, you can proceed with the adjustment. *Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
Answered on Aug 10th, 2012 at 3:54 PM
In general, someone who enters the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, may adjust status in the U.S. to become a Permanent Resident (get a "Green Card") notwithstanding that he has overstayed his initial visa and become out of status. DUI and other traffic offenses generally will not preclude eligibility. There really is no substitute for engaging an immigration attorney to learn about all of the details and circumstances in order to assess eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Aug 10th, 2012 at 3:54 PM