QUESTION

My husband is in an immigration detention center, is it worth fighting the case?

Asked on May 15th, 2012 on Immigration - Texas
More details to this question:
My common law husband of 11 years is in an immigration detention center . He has a record from back in 2003 -05 he has three family violence cases but got convicted and served his year and it was against me . Is it worth fighting the case ? Will he be deported ? Will he get bond ? Can I keep him here?
Report Abuse

4 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
Update Your Profile
*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 May 18th, 2012 at 1:44 PM

Report Abuse
Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
Update Your Profile
Three family violence convictions!!! Depends on the sentence. Without looking at the criminal records, it is hard to answer your questions. If he was convicted in one of these conviction for at least twelve months, he is an aggravated felon and there is not much you can do to keep him in the U.S. I highly recommend to consult with an immigration lawyer before you decide your next step.
Answered on May 16th, 2012 at 11:37 AM

Report Abuse
Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
Update Your Profile
The answer to your question is that it is a difficult question to answer without knowing a little more information. My suggestion is that you spend the money on obtaining a consultation from a licensed, qualified and competent attorney who can provide you a detailed overview of the process, the time the process is expected to take, the likelihood of bond and the likelihood of success. Far too often, we see individuals like yourself who want to help who pay an attorney who offers nothing more than an indication that the attorney can help without explaining what "help" means. Truth is that sometimes it really is not worth the fight. But in order to really understand if it is worth the fight in any particular case, my advice is to consult with an attorney. There are folks that offer free consults, but my experience is that you get what you paid for. In my office we charge a standard consultation fee of $100 and I make sure that you understand all that you need to know to make an informed decision about what steps to take next. If you pay nothing for the consultation, the likelihood is that you will receive nowhere near the information that you need to figure out if it is worth paying for the fight. Looking at the information that you provided in your inquiry, it would appear that there is some fight that may be done in this case. But the only way to figure that out is to have conviction records in hand to determine whether the convictions render the client ineligible to pursue an application for benefits before the Immigration Court or whether there may be a path forward even with the conviction record. Again, someone who has the knowledge and expertise to figure that out is going to cost some money and I would suggest that finding the right attorney with whom to consult is the best way forward.
Answered on May 16th, 2012 at 11:24 AM

Report Abuse
If ICE can prove that your husband has been convicted of a crime of violence or is an aggravated felon, he will be ineligible for any form of relief before the immigration judge unless he has a credible fear of persecution if he is returned to his home country.
Answered on May 16th, 2012 at 11:18 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters