More details to this question:
Seven years ago, my husband was arrested for PWISD marijuana and was given a probation only. Now he's incarcerated for defending me and himself from a neighbor (female) who attacked us, and has an ICE detainer and told probable deportation. Current charge is "domestic violence" with a neighbor.
5 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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The two criminal convictions are grounds for removal or deportation, however whether his deportation may be preventable depends on his particular circumstances. I strongly recommend that you consult with an immigration attorney to determine whether he'll overcome the drug conviction which is usually more serious.
Answered on Feb 02nd, 2012 at 10:51 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Without knowing all the facts and seeing his criminal record and immigration history it is impossible to accurately advise you on his chances. We would be happy to advise you both but drug charges and domestic violence are serious charges. He also needs a criminal attorney to hopefully get the domestic violence charge dismissed or modified to something without serious immigration consequences. If you wish to retain us, contact my office as indicated below and we can arrange to speak with him while he is in jail and review his options with him.
Answered on Feb 01st, 2012 at 1:23 PM
Leon Wildes
You need to fight the deportation ground, whichever it is. You will need a lawyer.
Answered on Feb 01st, 2012 at 11:08 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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There are various ways of beating a deportation. *Removal/Deportation Representation* It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.
Answered on Feb 01st, 2012 at 10:45 AM
All depends on his criminal record and eligibility for relief from removal. Much more information is needed to determine whether he is bond eligible and what relief is available to him. You should consult with an immigration attorney ASAP, particularly to make sure that the alleged DV charge will not further aggravate his immigration case.
Answered on Jan 31st, 2012 at 8:30 PM