Can you be deported if you have an expired green card and committed a crime? 7 Answers as of July 19, 2011

My husband has been taken into custody by ICE on friday, a day after he received 6 months suspended for assault and battery in domestic and juvenile court. His green card expired in 2006 but we haven't renewed it because of the money and afraid his criminal record would prevent it from going through. They have moved him to another facility and now I don't know what's next. Is he deportable? What paperwork can I file to prevent removal? Are they going to set a bond? I'm a US citizen and we have been married 3 years and have a 4 year old child together.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
All interface with the law is very serious. You must hire a lawyer. I would suggest one close to the detention facility.
Answer Applies to: New York
Replied: 7/19/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It is most important that he seeks both a good immigration attorney and good criminal attorney who can work together. Did he have a 10 year green card or 2 year green card? Make sure he does not pleased guilty to any criminal sentence without knowing the deportation consequences of his plea.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You need to hire a competent immigration attorney who specializes in these matters right away. As long as he had a 10 year green card and that expired, he still retains that status even if he failed to renew the card. However they can schedule a hearing in immigration court and start removal proceedings against him. In some cases, you can file an extreme hardship waiver to ask the court to excuse his criminal convictions. You really need to seek counsel now. If you cannot afford it, then call your local state bar chapter for pro bono or low fee listings. Not sure where you are located, but there are often non profit agencies that help in situations like this- look for agencies that cater directly to people from your husband's country.
Answer Applies to: California
Replied: 7/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
A crime of domestic violence makes a permanent resident deportable. Not because his card was expired. Under certain conditions we can apply for cancellation of removal (deportation) in immigration court.
Answer Applies to: Nevada
Replied: 7/15/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
The Sheriff will most likely inform Immigration about his arrest. If Immigration determines that he might be deportable because of his current immigration status or a potential conviction, it will issue a "hold" which prevents release on a bond for now. At the conclusion of the criminal proceedings, Immigration has 48 hours to take your husband into custody. Once in immigration custody, he will likely be served with a "Notice to Appear" which is a charging document that puts him in deportation proceedings. This document determines the grounds on which the U.S. government seeks to deport him. Depending on the charges Immigration may grant bail. If not, your husband can request a bond hearing before an Immigration Judge. He will be release if the judge grants bail. Whether your husband can be deported and his options to avoid deportation depend on his current immigration status and the immigration charges against him. You should consult with an immigration lawyer who reviews the criminal AND immigration charges against your husband.
Answer Applies to: California
Replied: 7/15/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    A non-US citizen who has been convicted of a crime is subject to possible removal proceedings and may be deportable. However, just because he is in removal proceedings and charged with deportability does not mean he will not be able to overcome those charges, save his status and remain in the country in lawful status. There are many factors that govern your husband's defenses, such as how long he was a permanent resident before committing the crime, how long he has been in the country, the hardships to you and his child; his past criminal record, the actual record of conviction, etc. Also, note, that just because his greencard expired in 2006 does not necessarily mean his status expired. He may still be a permanent resident with an expired card. Deportation proceedings can be highly complex and usually necessitate the representation of an experienced immigration attorney. Otherwise, you may lose out on possible relief due to lack of knowledge or experience in these matter.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    Yes those are deportable offenses but there may be arguments he deserves to remain in the US. You will need to speak with and retain an immigration attorney immediately.
    Answer Applies to: New York
    Replied: 7/15/2011
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