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Thread: Questions regarding deportation and possible options for husband

  1. #1
    My husband has been in the US for 29 years and is a permanent resident. He never applied for his citizenship. He was arrested for driving on a suspended license and had an ICE hold put on him. The reason was two misdemeanors, one in 1995 and one in 2002. However, in immigration law, they are considered aggravated felonies. They are both batteries. Another issue is that we are married in his religion (Islam) but not legally. Is there anything that I can do or that we can do in order for him to stay here? Does the 29 years he's lived here count as anything or at least help his case? I would appreciate any and all advice! Thank you

  2. #2
    My husband has been in the US for 29 years and is a permanent resident. He never applied for his citizenship. He was arrested for driving on a suspended license and had an ICE hold put on him. The reason was two misdemeanors, one in 1995 and one in 2002. However, in immigration law, they are considered aggravated felonies. They are both batteries. Another issue is that we are married in his religion (Islam) but not legally. Is there anything that I can do or that we can do in order for him to stay here? Does the 29 years he's lived here count as anything or at least help his case? I would appreciate any and all advice! Thank you

  3. #3
    Hi Jojo and welcome,

    Take a look at this site:

    http://trac.syr.edu/immigration/reports/155/

    Not sure it has the answer, but some helpful information is there.

    Have you discussed this with a reputable immigration attorney?

  4. #4
    Get married now, unless your husband is married to another woman, which would make your sponsorship invalid. That is the only thing you can do to help stop the eventual deporation. Have a kid or more quickly.

  5. #5
    federale86:

    Her husband is LPR, therefore, there is no need of sponsorship, no question of deportation.

    jojo:

    According to US law, your marriage is not a legal marriage if you did not register in the State where marriage took place and you are not his legal wife. He married you according to Islamic customs so that you become HALAL (kind of KOSHER) for him.

    Is he under deportation proceedings due to mentioned two charges or he is leaving at his own will?

  6. #6
    JoJo,

    Sigi na!!! ????
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jojo0920:
    My husband has been in the US for 29 years and is a permanent resident. He never applied for his citizenship. He was arrested for driving on a suspended license and had an ICE hold put on him. The reason was two misdemeanors, one in 1995 and one in 2002. However, in immigration law, they are considered aggravated felonies. They are both batteries. Another issue is that we are married in his religion (Islam) but not legally. Is there anything that I can do or that we can do in order for him to stay here? Does the 29 years he's lived here count as anything or at least help his case? I would appreciate any and all advice! Thank you </div></BLOCKQUOTE>


    Hello Jojo

    You know the marriage is legal as you have a certificate from the mosque before witnesses, so do not say "not legally". You also know that all you had to do is register the marriage with the state that you live in for it to be recognized for immigration purposes only.


    All of this was not done, because he already had a permanent green card. BTW, are you u s citizen or green card holder?

    Do you and your husband have children together?

    What charge was he convicted of in 1995
    What charge was he convicted of in 2005

    I will assume that you live in a state that arrests when driving on a suspended license.


    It does not look very good depending on the seriousness of those prior convictions. 2 misdeamnors can get you deported!! It was foolish that he did not get citizenship for all the years that he was here , especially after the first conviction.

    You need to see an attorney that specializes in BOTH criminal and immigration law. Only this type of attorney can help you now. He can look at the circumstances of the prior convictions and decide what needs to be done.

  8. #8
    The marriage is not legal, since there was never a marriage license. Of course, it all depends on the laws of the state where they had the muslim wedding. But they need to get married legally in his state of residence. Unless he can claim a significant impact on USC/LPR spouse or kids, then he is toast. I am thinking that since they got a mosque wedding, that means he has a wife elsewhere.

  9. #9
    Tak and 4now is correct. you may follow their opinion...Like all other religion tmost of the Imams are licensed to performed marriages and you had to register that in your county of your residece.. for the publice records..so you can get the copy any time you need...
    Your Marriage is legal in U.S. Only you have not Register you can get that now even...delayed Registration can be done....

  10. #10
    Thank you for all your replies. He is not married to anyone else. But, if we got married while he's in custody, it would look suspicious and that we only married for him to stay. I am a US citizen. His misdemeanors were in 1995 a battery and 2002 a sexual battery. He was not in jail over a year like the definition for aggravated felonies says. It was a few months.

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