Will my husband be deported for assault? 6 Answers as of September 09, 2010

My boyfriend was arrested for aggravated assault this weekend. He has legal residency and became a legal resident after we married and I petitioned. I think that a hold has been put on his immigration proceedings. Is he going to be deported?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
He could be. Whether the arresting agency or the court reports him, and whether ICE seeks to do so is up to them. His attorneys job will be to fight that. If he is serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 9/9/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
To be deported the conviction has to be for a crime of moral turpitude. Aggravated assault is not in that category. Have him contact me for his options. Just because you have been arrested on a charge does not mean that you will be convicted of that charge.
Answer Applies to: California
Replied: 9/9/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
This is a serious matter, unquestionably, and you should strongly consider contacting a local criminal defense attorney who is also well versed in the immigration law consequences.
Answer Applies to: California
Replied: 9/9/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I have received your inquiry, and I do appreciate the difficult situation in which you and your husband find yourselves. Unfortunately, if your husband is convicted of an aggravated felony, deportation is indeed possible and the immigration hold would be enforced quickly, even after you get a bond in your case to get him released. However, even after the conviction, there may be possibilities for waiver, but they are not given often. You will need to do whatever is necessary to have his case end in a conviction for a lesser offense, or to be put in a diversion program that does not involve an actual conviction. If you want to discuss his case further, give me a call.
Answer Applies to: California
Replied: 9/9/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Your boyfriend will possibly be deported if the conviction carries a sentence or more, which makes it a crime involving moral turpitude. Immigration law says that if you are convicted of a crime involving moral turpitude within 5 years of your getting the green card, you can be deported. If this conviction does not carry a sentence for a year or more, but he is still detained, it could mean that he had prior convictions which renders him deportable. I would gather more information regarding his convictions.
Answer Applies to: California
Replied: 9/8/2010
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