QUESTION
Can you be deported if you have an expired green card and committed a crime?
Asked on Jul 11th, 2011 on Immigration - New York
More details to this question:
My husband has been taken into custody by ICE on friday, a day after he received 6 months suspended for assault and battery in domestic and juvenile court. His green card expired in 2006 but we haven't renewed it because of the money and afraid his criminal record would prevent it from going through. They have moved him to another facility and now I don't know what's next. Is he deportable? What paperwork can I file to prevent removal? Are they going to set a bond? I'm a US citizen and we have been married 3 years and have a 4 year old child together.
6 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
All interface with the law is very serious. You must hire a lawyer. I would suggest one close to the detention facility.
Answered on Jul 19th, 2011 at 1:15 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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It is most important that he seeks both a good immigration attorney and good criminal attorney who can work together. Did he have a 10 year green card or 2 year green card? Make sure he does not pleased guilty to any criminal sentence without knowing the deportation consequences of his plea.
Answered on Jul 18th, 2011 at 12:13 PM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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You need to hire a competent immigration attorney who specializes in these matters right away. As long as he had a 10 year green card and that expired, he still retains that status even if he failed to renew the card. However they can schedule a hearing in immigration court and start removal proceedings against him. In some cases, you can file an extreme hardship waiver to ask the court to excuse his criminal convictions. You really need to seek counsel now. If you cannot afford it, then call your local state bar chapter for pro bono or low fee listings. Not sure where you are located, but there are often non profit agencies that help in situations like this- look for agencies that cater directly to people from your husband's country.
Answered on Jul 15th, 2011 at 4:34 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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A crime of domestic violence makes a permanent resident deportable. Not because his card was expired. Under certain conditions we can apply for cancellation of removal (deportation) in immigration court.
Answered on Jul 15th, 2011 at 2:22 PM
The Sheriff will most likely inform Immigration about his arrest. If Immigration determines that he might be deportable because of his current immigration status or a potential conviction, it will issue a "hold" which prevents release on a bond for now. At the conclusion of the criminal proceedings, Immigration has 48 hours to take your husband into custody. Once in immigration custody, he will likely be served with a "Notice to Appear" which is a charging document that puts him in deportation proceedings. This document determines the grounds on which the U.S. government seeks to deport him. Depending on the charges Immigration may grant bail. If not, your husband can request a bond hearing before an Immigration Judge. He will be release if the judge grants bail. Whether your husband can be deported and his options to avoid deportation depend on his current immigration status and the immigration charges against him. You should consult with an immigration lawyer who reviews the criminal AND immigration charges against your husband.
Answered on Jul 15th, 2011 at 1:55 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Yes those are deportable offenses but there may be arguments he deserves to remain in the US. You will need to speak with and retain an immigration attorney immediately.
Answered on Jul 15th, 2011 at 1:41 PM