World Esquire Law Firm | Aime Katambwe
The rule is yes, since he is clearly removable. But the truth is that I don't know if he will be removed or not. You will have to look at his entire criminal record to see what else he has in there. That could be huge. The length of time he's been here can also help. If the city where he was arrested has an agreement with ICE (Secure Community) to transfer over to them anyone without the proper immigration status, then that is also going to come into play. His roots in the community and his family circumstances may also help him if he has NO aggravated felonies, has not been removed before, etc. and files for the appropriate relief before the immigration judge. There are a variety of things that competent counsel will look at in order to make that determination and strategize about this. So, it is time to lawyer-up and present the best case. Good luck!
Answer Applies to: California
Fong & Associates | William D. Fong
If he has no basis for US permanent residence and is illegal in the US, then he will be deported. Are you engaged to him? If you marry, there is a possibility that he could get permanent residence or an immigrant visa to return to the US. Please call me to discuss details of his case.
Answer Applies to: Texas
Eric M. Mark, Attorney at Law | Eric Mark
They are almost certainly going to put him in removal proceedings to be deported. Whether he has a chance to remain here depends on many questions that need to be asked. You need to consult with an immigration attorney ASAP.
Answer Applies to: New Jersey