QUESTION

If my boyfriend has strangulation charges, what I can do to get him out?

Asked on Aug 10th, 2013 on Immigration - New York
More details to this question:
My boyfriend got locked up for strangling me. I am pregnant with his child. I want to know if there is anything I can do to get him out of jail. He has no bond and also has an immigration hold on him. Is there anything I can do for him? I am a natural US citizen. I was born and raised in the US.
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4 ANSWERS

You need to see an Immigration Lawyer who can work with a criminal lawyer as soon as possible. If you marry him you may be be able to get him a green card if he doesn't have one already depending on the facts in the situation. The Immigration Attorney can walk you through the process for the options available and help you with any legal paper work.
Answered on Aug 13th, 2013 at 7:03 PM

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Immigration Law Attorney serving San Francisco, CA at Law Offices of S. Ouya Maina
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Consult with an attorney immediately. This is a very serious charge as evidenced by the refusal to set bond. Has he been convicted of the crime yet? You may be able to help but you should meet with an attorney to discuss ind detail what your options are.
Answered on Aug 13th, 2013 at 9:11 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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His immigration hold will keep him in jail until his criminal case is resolved, at which point, he will be taken into ICE custody and placed in removal proceedings. Any conviction for domestic violence will automatically get him removed/deported. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your boyfriend's case. They would then be in a better position to analyze his case and advise you of his options.
Answered on Aug 13th, 2013 at 6:18 AM

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Adebola O. Asekun
If you have not already done so, you must immediately hire a good criminal defense attorney. He must at the same time and without further delay, also hire a good immigration lawyer even though any immigration charges against your boyfriend is several months away. The immigration lawyer at this time will work with the criminal lawyer to advise about the immigration consequences of any outcome of the criminal proceedings. Based on the information you provided, it appears that the criminal charges against your boyfriend are very serious and if he is found guilty, his deportation from the U.S. is almost a foregone conclusion as these charges appear to qualify as crimes of domestic violence "CODV" aggravated felonies under s.101(43(F) INA. The best best outcome is a finding of not guilty or if the DA withdraws the charges without any finding or acknowledgement of guilty. But this is not realistic. You must instead assume that the DA would not have filed charges unless there is some evidence that a crime has been committed. From my experience the vast majority of criminal cases do not go to trial but are instead resolved by plea agreements. This is where the immigration lawyer is going to be helpful. He will advise the criminal defense lawyer to analyze and distinguish which plea offer will result in his deportation and which one is a "safe harbor plea" that will not. Whether your boyfriend will be deported or not depends on decisions made at the criminal court.
Answered on Aug 12th, 2013 at 7:29 PM

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