QUESTION
Will my husband be deported for being a felon in possession of a weapon?
Asked on Jan 16th, 2011 on Immigration - Florida
More details to this question:
My husband has been a permanent resident for 13 years. i am a citizen. He was convicted of felon in possession of a weapon. Will he be deported when his sentence is finished? He has an ICE detainer and is currently under review.
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
We will need to know specifics on both criminal records to give an informed response. Contact me as indicated below to obtain the procedures for this process and a fee quote or to set up a paid consultation (will be credited toward the fees for your case) to get more details on your specific case.
Answered on Jan 24th, 2011 at 1:13 PM
It depends on what penal code section and what state the conviction came from. Certain weapon convictions, or convictions that carry one year or more sentence, will cause a person to be deported from the United States. I recommend that you speak to an Immigration Criminal attorney to explore options to get rid of the conviction or apply for a waiver or other strategies.
Answered on Jan 17th, 2011 at 11:13 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
You need to contact an immigration attorney who handles removal/deportation cases. If you husband has a ICE Detainer on him he will be but in removal proceedings either while he is in prison or after he is released. LPR do have relief available to removal, but many types of criminal convictions can disqualify them being eligible or receiving the relief. It is very important that you have an attorney review his situation as soon as possible to determine what can be done for your husband. Do no wait until he finishes his sentence. Frequently, defending a LPR from being deported requires changing their criminal plea and it is much harder to do after they complete their sentence.
Answered on Jan 17th, 2011 at 8:58 AM
Your husband most likely qualifies for relief so he does not get deported. He can apply for cancellation of removal or for a waiver.
Answered on Jan 17th, 2011 at 8:28 AM