What can I can do to keep my incarcerated boyfriend from being deported? 3 Answers as of July 28, 2011

My boyfriend of 4 years is incarcerated and will be deported. He is being charged with aggravated assault with a deadly weapon but the person he assaulted is not pressing charges. He is currently married to a us citizen but they've been separated for over 4 years. I'm also a us citizen and we have 2 kids together. Is there anything I can do to keep him from being deported?

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Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
If he is here illegally he does not need to be convicted to be deported. If he is here legally then an acquittal should result in his remaining here. Hire a lawyer who practices both criminal defense and immigration.
Answer Applies to: New Jersey
Replied: 7/28/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Did you answer this question before? What you have here are multiple big problems. Problem No. 1 is he is aggravated assault. The person who was assaulted did not press charges does not mean he was not charged and was to be convicted. If he is convicted, it is ground for removal. Problem No. 2 is that although he has been separated with his ex for 4 years, he is still married thus your marriage with him cannot be valid. Your only solution is to find an experienced immigration lawyer locally to evaluate his case in the hope that he might be eligible for a form of relief. You are welcome to contact our law office.
Answer Applies to: Florida
Replied: 7/26/2011
Fong & Associates
Fong & Associates | William D. Fong
It will be very difficult. He needs to divorce his wife, you need to marry, then you file the relative petition and he applies for the immigrant visa with a waiver if he can show an extreme and unusual hardship to you.
Answer Applies to: Texas
Replied: 7/26/2011
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