If my husband is found guilty of theft will he be deported? 3 Answers as of April 01, 2011

My husband is a permanent resident in the US and I'm a citizen, he is scheduled for trial in May to answer to charges of theft totalling $13,500 from his job. If he is found guilty is a definitely yes that he will be deported, and if it is yes, how long before deportation proceedings begin. Also is there a way for a convicted person to voluntarily agree to leave the country and if that is allowed, how long before we can reapply for permanent residency for him?

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You need to seek counsel from a criminal attorney to see whether they can mitigate or vacate the criminal charges your husband may be convicted of.
Answer Applies to: Florida
Replied: 4/1/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
It is very possible that he may be deported and it is VERY important that you and your husband meet with an immigration attorney before he pleads guilty to the charges. It is very possible that the crime he is charged with could be an aggravated felony under the immigration law. If so, he could be ineligible for any relief from deportation, and would not be able to come back to the U.S. for more than 10 years.
Answer Applies to: California
Replied: 4/1/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, conviction for this offense would be regarded as an aggravated felony by immigration authorities which will very likely result in your husband's deportation.
Answer Applies to: Virginia
Replied: 4/1/2011
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