QUESTION
Will my boyfriend be deported if he was arrested while on visa?
Asked on Sep 01st, 2011 on Immigration - Georgia
More details to this question:
My boyfriend is on Visa and been having problems with the Immigration, who wanted to deport him. He recently got arrested got locked up, but the case was dropped, but now the Immigration is still holding him. We have a lawyer working to try to get him out, but will he be deported or will they let him out?
7 ANSWERS
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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Assuming that your boyfriend has not been previously deported, and that he did not enter the United States on the visa waiver program, he should have a right to a hearing before an immigration judge. While the rights of undocumented foreign nationals has been severely limited in the last few years, there are still some possibilities based on the number of years he has lived in the United States, his family ties here and whether his relatives would suffer if he were deported, conditions in his home country and other factors. Its very important to consult with a qualified immigration attorney so that you know your options.
Answered on Sep 08th, 2011 at 11:09 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Why don't you ask your questions from your lawyer. Your lawyer has enough information to help you. If he is a criminal attorney and not an immigration attorney, you may need to hire an immigration attorney as well.
Answered on Sep 07th, 2011 at 11:32 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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They should release him if he has not violated his NIV status. It depends also on the facts of the case, other immigration violations and the underlying criminal charge, even if dropped.
Answered on Sep 07th, 2011 at 10:56 AM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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If he is on a valid visa he will be eligible for bond or released without further action.
Answered on Sep 07th, 2011 at 10:22 AM
If he was arrested while he was released on an immigration bond or recognizance, then ICE is less likely to release him. However, you have hired an attorney who should know all the facts. You must decide whether to seek a second opinion. If you have concern, schedule an appointment with a more experienced immigration attorney.
Answered on Sep 07th, 2011 at 9:58 AM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Well, if you already have a lawyer, he should know of your case better than every other lawyer. Therefore, you should and must ask him/her.
Answered on Sep 07th, 2011 at 8:51 AM
Some criminal defense attorneys are familiar with issues relating to removal/deportation, and others are not. If your boyfriend's attorney is not very familiar with immigration issues, then it will be important to assure good coordination with an immigration attorney. In general, an arrest without a conviction will not render someone subject to removal/deportation, and I suspect there are additional issues here that must be addressed.
Answered on Sep 07th, 2011 at 7:08 AM