QUESTION
How can my case be evaluated if the person entered the US illegally and has committed 2 felonies?
Asked on Nov 04th, 2012 on Immigration - California
More details to this question:
My boyfriend entered the US illegally 20 years ago. At that time, he was convicted of 2 felonies (gang related and burglary) and after doing his time in state prison he was ordered to leave the country voluntarily so he did, then he re-entered illegally a year later. Ever since then he has not been arrested and been a decent citizen. He has 2 children born here about 18 or less yrs ago and pays child support, and he is still technically married to the mother of his first child (I'm not sure about her status in this country). His mother is now a US citizen and had tried to help him but at the time he was young and he committed those crimes so her lawyer couldn't help him. He was arrested for a possible DUI a week ago and Immigration has put a hold on him, for now he is still in county jail waiting for the blood test results. Of course our fear is deportation. How would you evaluate this case?
2 ANSWERS
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. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your boyfriend's situation. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Nov 07th, 2012 at 8:58 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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His old conviction can be deemed an aggravated felony thus making ineligible for various defenses. If he left under voluntary departure and not deportation, he might be able to bond out of immigration detention since he was convicted before 1998. It is worth showing the conviction and immigration documents to a skilled attorney.
Answered on Nov 07th, 2012 at 8:56 PM