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husband being deperted

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  • husband being deperted

    My husband was sentenced three years of probation for an assault on a public servant and is being held for deportation, is there anything I can do? I am a US Citizen and our 4 year old is us citizen also, he is a permanent resident and has been for 3 years we are in texas

  • #2
    My husband was sentenced three years of probation for an assault on a public servant and is being held for deportation, is there anything I can do? I am a US Citizen and our 4 year old is us citizen also, he is a permanent resident and has been for 3 years we are in texas

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    • #3
      This could well be a like a crime of violence and therefore an aggravated felony. However, a sentence of probation is not "confinement" and will not trigger immigration consequences. You need to find out the actual sentence imposed and suspended in favor of probation.
      This is not legal advice, consult an attorney if you need legal help.

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      • #4
        It sounds to me as if you need to get a very good immigration attorney NOW. Once he is out of the country it will be MUCH more difficult (if even possible) to do anything about his situation. Is he appealing his sentence and/or conviction? Or, did he plead guilty??

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        • #5
          Houston: Your advice is incorrect. VGSJ's husband committed a crime of violence. If the potential sentence...not the actual sentence imposed...was greater than one year in jail, then there are indeed immigration consequences. Why do you think that he is being held for deportation?

          The fact that VGSJ and her child are U.S. Citizens is irrelevant in this circumstance.

          I doubt that there is anything that can be done to prevent deportation. VGSJ's husband should have thought about the consequences before throwing his weight around.

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          • #6
            VGSJ,

            Go to the link below and pose your question to an immigration officer.


            http://experts.about.com/q/Immigrati...-344/index.htm

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            • #7
              VGSJ,

              Correction, should be immigration attorney instead of immigration officer.

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              • #8
                -"This could well be a like a crime of violence and therefore an aggravated felony".-
                I never said that it was or was not an AF. Nobody knows the statute of conviction, it was not posted here.
                Nobody knows the details of any plea agreement, nobody knows much about the details of this case.
                The person could be in CIS custody simply for other immigration violations, or because he or she plead guilty to a crime described as AF. Nobody knows.
                CIMT's also trigger consequences. The OP never said the alien was in custody as an aggravated felon. Don't assume what you don't know. Since I don't know the statute of conviction I do not assume anything in particular.

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                • #9
                  I don't give "advice" on a forum. I only post opinions and my point of view on different issues, after all, that's what forums are for.
                  Those who require legal advice should contact a qualified attorney and seek legal representation.

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