QUESTION

What can I do about my disorderly conduct while an immigrant?

Asked on Apr 16th, 2012 on Immigration - Michigan
More details to this question:
I am a natural citizen of the United States. This past March 2012 an incident happened that might change my life forever and for the worse!! Me and my husband decided to go out and have some fun. So we went to a Mexican concert where we danced, laughed, and drank since we weren't driving. On our way out after the concert I noticed that the sheriffs we're body slamming a woman, so I approached the incident and like I was holding a camera I guess the sheriffs thought I was recording the incident and they felt threatened so they approached me very aggressively and immediately handcuffed me b/c I was very disturbed with the whole situation. Meanwhile my husband was right beside me when one of the 6 or 7 sheriffs that were there grabbed a can of beer that my husband was carrying in his shirt pocket (unopened) while that made my husband furious b/c the officer ripped his shirt. Immediately they handcuffed my husband and threw him on the ground hurting his knee, shoulder, and face b/c my husband couldn't put his hands in front of him b/c he was handcuffed. Well they didn't arrest us that night but gave us court dates and we were charged with disorderly conduct. Today April 16, 2012 we had court it turned out we couldn't plea guilty b/c the victims weren't there so I asked the Judge.."AREN'T WE THE VICTIMS??" she said "NO!" anyways now my husband has another court date, has to pay a fine of $800.00 and what scares me the most is that they said he might also face time in jail then DEPORTATION!!! LIZ my husband has NEVER been in any kind of trouble whatsoever with the law nor has he ever been in jail before. This was all my fault b/c I thought the sheriffs were violating that woman's rights. I petitioned my husband's papers 5 yrs ago and this can't be happening there's got to be something I can do to stop this. I son't know exactly what the outcome will be of the next court date hopefully they just ask for the money and that
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5 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
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You should retain a criminal attorney for him and an immigration attorney to properly evaluate his case and work together for his benefit.
Answered on Apr 20th, 2012 at 1:33 PM

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Immigration and Naturalization Attorney serving Santa Ana, CA at U.S. Immigration Law Group, LLP
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Although your husband may end up in removal proceedings, if he is a Lawful Permanent Resident he will not be removed based on a conviction for disorderly conduct alone. He will likely have a defense available and may not be charged. As a naturalized citizen you do not have to worry. I would recommend that you speak with a competent immigration lawyer sooner than later to better understand his options.
Answered on Apr 19th, 2012 at 2:18 PM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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You need to hire an immigration attorney immediately. Generally the local police will advise ICE that your husband is not legal and they will institute removal proceedings against him. If you want to have any chance of him not being deported retain counsel.
Answered on Apr 18th, 2012 at 4:44 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*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 Apr 18th, 2012 at 4:43 PM

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Immigration Law Attorney serving Troy, MI
Partner at Hilf & Hilf PLC
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Your husband will not be deported for disorderly conduct if that he was charged/convicted.
Answered on Apr 18th, 2012 at 4:40 PM

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