Can my husband get deported if his visa has expired but we are married? 27 Answers as of September 06, 2012

My husband was charged with a DUI, no drivers license, and also for speeding. He came to the US with a visa but it expired a few years ago.We got married a couple of months ago and I'm a US citizen. Can he still get deported? On his profile it shows "hold for ice".

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You need to petition for him and then it protects him from deportation unless he is not admissible because of the criminal charges. Typically one DUI is not enough to make one inadmissible but I don't know the entire situation so I cannot comment on what his chances are. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 9/6/2012
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
It appears that your husband was deportable when you married him. Your marriage does not, by itself, change his status. He has accumulated "a few years" of unlawful presence after his visa expired, and he has been charged with serious traffic offenses. You need to consult an expert immigration lawyer.
Answer Applies to: Washington
Replied: 8/10/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If he is not yet in deportation proceedings I would suggest you file an I-130 and I-485 to obtain his permanent residency. With the complications of his situation though best would first be a consult with us to figure everything out and make sure of his status.
Answer Applies to: California
Replied: 8/10/2012
Abigail Law Firm, PLLC | Meghan Abigail
Sorry to hear about that. You might want to consider hiring an attorney ASAP. He should not sign any deportation agreement until you get a consultation. It appears that he might be eligible to adjust status in the U.S. and avoid deportation, but an experienced attorney can help you verify his eligibility and prove up his case, including the bona fides of the marriage.
Answer Applies to: Texas
Replied: 8/10/2012
NAYAR & MCINTYRE LLP
NAYAR & MCINTYRE LLP | MARIA MCINTYRE
Your husband is not in a valid legal status, so can be subjected to removal. However, because he entered the country lawfully and is now married to a US citizen, he may have a way to fight removal and obtain his green card. You need to consult with an immigration attorney immediately to do a final assessment of is eligibility to remain in the US.
Answer Applies to: Texas
Replied: 8/10/2012
    Law Office of John Vandenberg
    Law Office of John Vandenberg | John Vandenberg
    He can get deported, sure. But that would be a real shame. If he entered on a visa (hopefully not on a Visa Waiver, which has special rules), he can likely adjust status based on his marriage to you. However, if he is currently detained because of the DUI then ICE may detain him, too. However, since you are married, if there is no other criminal matter in his background, it's likely he could be bonded out. Nonetheless, he's probably going to be put into Removal Proceedings and have to see the Immigration Judge. At this time, you need to get a good immigration attorney to get this moving and see if he can be bonded out. He'll also have to adjust status (get the greencard), which is going to be a longer process now that he will be in Removal Proceedings. If you're in Pennsylvania, New Jersey, or Delaware, give us a call. Good luck!
    Answer Applies to: Pennsylvania
    Replied: 8/10/2012
    The Jarrett Firm, LLC
    The Jarrett Firm, LLC | Patrick Jarrett
    You need to speak with an immigration attorney soon. There may be relief available. He may qualify to adjust status. I would not hesitate on contacting an attorney to review your case and let you know your options.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    Yes, he can be deported. You should contact an immigration attorney to address this issue. He may be taken to an ICE detention center and detained/deported unless he applies to go in front of an immigration judge and petition to get out on an immigration bond.
    Answer Applies to: California
    Replied: 8/10/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Possibly. I am assuming that your husband is presently in custody. The "hold for ice" means that ICE has a hold on his bailing out and will take him into Federal custody if he makes bail. In other words, even if he bails out, he will still not be released. He will need to take care of his criminal problems first and wait for DHS to file a complaint in immigration court (called and NTA). He may be able to adjust status in the immigration court. I strongly suggest that you contact an experienced criminal law attorney and immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise you of your options.
    Answer Applies to: California
    Replied: 8/10/2012
    Law Offices of Brian D. Lerner, A PC
    Law Offices of Brian D. Lerner, A PC | Brian David Lerner
    Hello: Did he actually have a deportation order? If not, and he entered legally, you can proceed with the adjustment. *Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
    Answer Applies to: California
    Replied: 8/10/2012
    Mesinschi Law Offices
    Mesinschi Law Offices | Denis-Andrei Mesinschi
    Hello, Yes he can be deported. You should have retained an immigration lawyer immediately after getting married (ideally, before) and applied for his Green Card right away. You will still need to do that now but, depending on the precise nature of the conviction, he may need to apply for a Waiver of criminal inadmissibility as well. Failing that he can be removed.
    Answer Applies to: New Hampshire
    Replied: 8/10/2012
    Gilgannon Law, LLC | Stuart D.P. Gilgannon
    He is most likely to be placed in removal proceedings. His marriage to a US citizen may offer him some options as relief from removal. You should definitely hire an immigration attorney to assist you as soon as possible, so that any arrests and other relevant information can be reviewed carefully.
    Answer Applies to: Wisconsin
    Replied: 8/10/2012
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    You need to retain an immigration attorney* immediately*. Without taking certain steps as soon as possible - and doing them right! - your husband will face deportation. It is *exceptionally* important that an immigration attorney be consulted before your husband takes any plea offer. And you have to explain to your husband that he should not plead guilty just because his criminal defense attorney and the prosecutor say it's OK to do so, and promise that he would go home. If there is an ICE hold recorded on his file, he will not go home, even if you post a bail for him. ICE will take over the custody, which means that your husband will not be released; he might be transferred to another jail or detention facility, possibly in upstate New York, or in Pennsylvania. Worse, ICE can transfer him to a detention facility in Texas, Louisiana, or New Mexico, which will make defending him in removal proceedings much harder. So, even though it might sound strange, your husband is better off staying in custody of the State of New York while the process of obtaining a legal immigrant status for him is being set in motion.
    Answer Applies to: New York
    Replied: 8/10/2012
    Jason P. Wapiennik, PLC and Great Lakes Customs Law | Jason P. Wapiennik
    If you petition him as an immediate relative and adjust his status simultaneously, all else being equal, he should be able to avoid deportation. You should call a qualified attorney.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, it is possible for him to be deported, but being married to a U.S. citizen improves his case. Hire a talented immigration attorney and you may be able to win during the removal hearing.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    Yes, he *can* be deported under these circumstances as a visa overstay, but his marriage to you should be a defense to deportation under these circumstances. Given that he appears to be known to ICE, I would recommend that you retain counsel to file a marriage petition and residency application as soon as possible. He is at extreme risk right now, and your case will be much more difficult if he is placed in removal (deportation) proceedings before you can start the process.
    Answer Applies to: Massachusetts
    Replied: 8/10/2012
    Seifert Law Offices | Lisa Ellen Seifert
    I don't know of a profile that would say hold for ice. But if that is true, you should definitely get some good advice and have an experienced immigration attorney handle your case. Please contact us or some other firm close to you.
    Answer Applies to: Washington
    Replied: 8/10/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    Yes, your husband can and will be deported if you do not take steps to stop it. You need to file an immigrant visa petition and application to adjust status to permanent residence (a green card) immediately. If I can be of further assistance please let me know.
    Answer Applies to: Washington
    Replied: 8/10/2012
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your question indicates that he is currently detained for the DUI charge. ICE will likely take him into custody and serve him with a Notice to Appear which puts him in removal proceedings. Your marriage will be a defense against his deportation as it makes him eligible to apply for a green card if he entered the U.S. lawfully. However, the process will be more complicated and take longer once he is in proceedings. ICE is not likely to release him from custody if he gets convicted of a DUI and he will have to request a bond hearing before an Immigration Judge to be released while his green card process is pending. You should consult with an immigration attorney about his case.
    Answer Applies to: California
    Replied: 8/10/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Yes he can be deported. His only chance of staying is to apply for a waiver.
    Answer Applies to: Florida
    Replied: 8/10/2012
    Law Office of Eric Fisher | Eric Fisher
    You should file an I-130 visa petition for your husband as soon as possible, and if he entered the US with a visa, he can file an application for adjustment of status at the same time. You should do this before ICE picks him up or issues a Notice to Appear in Immigration Court. Unless he has a prior order of deportation or criminal charges, he has a right to appear in immigration court before being deported.
    Answer Applies to: Colorado
    Replied: 8/10/2012
    Hernan Law Firm | Jamie B. Hernan
    You need to get an attorney involved right away, especially one who understands both immigration and criminal law. Right now he just has an immigration hold in his case if he is still in the county/city jail. It is certainly possible that he will clear that hold and not be picked up by ICE; however, with a charge of DUI he is certainly a higher priority for them than someone arrested simply for basic traffic offenses. You can file an I-130 petition for him (Petition for Alien Relative) and he should be able to seek to have his status adjusted. It is a bit more complicated if he is in removal proceedings; however, an attorney can help try to negotiate the removal of the immigration hold, an immigration bond, dismissal of the case through prosecutorial discretion or other options that would be to his advantage. The attorney can also help with the DUI charge (a charge that will affect his eligibility for an immigration bond). I strongly suggest contacting an attorney right away.
    Answer Applies to: Georgia
    Replied: 8/6/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    He needs to submit his application for adjustment of status with USCIS immediately if ICE releases him and hasn't served him with documents to appear in immigration court. If he has been served with documents to appear before an immigration court, you will need to submit an I-130 petition on his behalf immediately. His case is complex and I highly recommend you retain legal counsel as soon as possible.
    Answer Applies to: Texas
    Replied: 8/10/2012
    Namita Agarwal
    Namita Agarwal | Namita Agarwal
    If your husband is ours of status but he entered the US legally he is adjustment eligible and should not be deported. If interested in a consultation, call me.
    Answer Applies to: Massachusetts
    Replied: 8/10/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your husband can be deported regardless of his marital status. You must petition for him to receive an immigrant visa and he must seek adjustment of status to keep him from being deported. It is in his best interest to retain an experienced immigration attorney to assist him with this matter. This is especially true before any plea agreement is entered into as every conviction as possible immigration consequences.
    Answer Applies to: New York
    Replied: 8/10/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    In general, someone who enters the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, may adjust status in the U.S. to become a Permanent Resident (get a "Green Card") notwithstanding that he has overstayed his initial visa and become out of status. DUI and other traffic offenses generally will not preclude eligibility. There really is no substitute for engaging an immigration attorney to learn about all of the details and circumstances in order to assess eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
    Answer Applies to: Georgia
    Replied: 8/10/2012
    Hanna Legal, LLC
    Hanna Legal, LLC | Jen Hanna
    Yes, your husband can still be deported. His marriage to you is a defense to deportation. You should sit down with an immigration attorney as soon as possible to discuss your situation in detail.
    Answer Applies to: Wisconsin
    Replied: 8/10/2012
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