QUESTION
My husband has time serve for a third degree sexual assault a class 3 misdemeanor can he still be elegible to stop him from being deported
Asked on Mar 10th, 2012 on Immigration - Nebraska
More details to this question:
he is being held in hall county nebraska when the lawyer presented him to the judge the bond was denied ,he was sent back to the county jail he pleaded guilty to that charge .I would like to know if they will allow him to stay in the country.We have 2 daughters one was born with a heart defect and is receiving medical attention every year to see how she''s doing.
1 ANSWER
Immigration Attorney serving Omaha, NE
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Curley Immigration Law, PC LLO
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The answer to your question depends on several pieces of information that you have not provided. What is your husband's current immigration status? Was the victim a minor? If so, he could be charged as an aggravated felon even if the charge was a misdemeanor. Aggravated felons who have no legal status can be subject to "expedited removal" without seeing a judge.
I highly recommend that you contact an experience immigration attorney to review your husband's case. Our office is in Omaha and we would be happy to help. Contact my office and schedule a telephone or in-person consultation with Pamela Bloch.
Mark J. Curley
Curley Law Office
www.curleylawoffice.com
Answered on Apr 07th, 2012 at 2:18 PM