If my partner is serving time for manslaughter and we marry, will he be deported? 9 Answers as of September 11, 2012

We are a same sex couple in New York. The crime was committed when he was a teen and he's been here since he was a baby. Other than the manslaughter his record is clean.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Marriage between same sex couples does not grant any immigration privileges. If this is a deportable offense, and I am fairly certain that it is, he will be subject to deportation.
Answer Applies to: California
Replied: 9/11/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Hello: He most likely is an aggravated felon and needs to do criminal relief. *Criminal Relief* The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.
Answer Applies to: California
Replied: 8/13/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You will need to talk to a local immigration attorney to discuss all relevant facts.
Answer Applies to: Nevada
Replied: 8/13/2012
Law Offices of Patricia M. Corrales
Law Offices of Patricia M. Corrales | Patricia M. Corrales
Well, at first my immediate answer would have been: Yes. However, you indicated that your partner's conviction occurred when he was a minor. If he was convicted and sentenced as a minor, in all likelihood his conviction can not be used as a basis to remove him from the United States but this is a big IF. It depends whether your partner was convicted as an adult or as a minor. Now, you can marry your partner...I can't comment on that. But, legally your marriage to him will not lawfully allow you to petition your partner. Consult with an immigration attorney for further guidance.
Answer Applies to: California
Replied: 8/13/2012
Universal Law Group, Inc. | Francis John Cowhig
The chances of your partner being deported are high and will depend on many factors, too numerous, to go into in an email, but I will try to give you as much general information as I can. Manslaughter is an aggravated felony if a jail sentence of 1 year or more is imposed making him deportable/removable from the U.S. Voluntary manslaughter is a crime involving moral turpitude which will make him inadmissible to enter the U.S. if he should ever leave, while involuntary manslaughter is not. In addition, if the manslaughter charged involved a domestic violence it can be deemed a crime of violence which will make him deportable. Your marriage to your partner will not help him in removal proceedings. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your partner's case. He/she would then be in a better position to analyze the case and advise you of his options.
Answer Applies to: California
Replied: 8/13/2012
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    I believe you have a fighting chance. It will be an uphill battle that will likely have to be taken to federal courts. But it can be won.
    Answer Applies to: New York
    Replied: 8/13/2012
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    Same-sex "marriage" is not a legal basis for family-based immigration. Until Congress changes the law, USCIS has no choice in the matter. A conviction of manslaughter is also a bar to immigration, since it is considered a "crime of moral turpitude". If he committed the crime before he was an adult (not clear from your question), there is a possibility of waiver or exception to the bar. Marriage during deportation proceedings cannot stop the deportation.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    Currently Federal immigration law does not recognize same sex marriage so you will not be able to sponsor your partner. It is highly likely he will be deported after he serves his time.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Unfortunately, your marriage would not be recognized for marriage purposes do to the Defense of Marriage Act (DOMA). The manslaughter conviction could also make him ineligible even if DOMA was struck down. Where is your boyfriend from?
    Answer Applies to: New York
    Replied: 8/13/2012
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