Will my husband be deported for being a felon in possession of a weapon? 8 Answers as of January 24, 2011

My husband has been a permanent resident for 13 years. i am a citizen. He was convicted of felon in possession of a weapon. Will he be deported when his sentence is finished? He has an ICE detainer and is currently under review.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We will need to know specifics on both criminal records to give an informed response. Contact me as indicated below to obtain the procedures for this process and a fee quote or to set up a paid consultation (will be credited toward the fees for your case) to get more details on your specific case.
Answer Applies to: California
Replied: 1/24/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
It depends on what penal code section and what state the conviction came from. Certain weapon convictions, or convictions that carry one year or more sentence, will cause a person to be deported from the United States. I recommend that you speak to an Immigration Criminal attorney to explore options to get rid of the conviction or apply for a waiver or other strategies.
Answer Applies to: California
Replied: 1/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You need to contact an immigration attorney who handles removal/deportation cases. If you husband has a ICE Detainer on him he will be but in removal proceedings either while he is in prison or after he is released. LPR do have relief available to removal, but many types of criminal convictions can disqualify them being eligible or receiving the relief. It is very important that you have an attorney review his situation as soon as possible to determine what can be done for your husband. Do no wait until he finishes his sentence. Frequently, defending a LPR from being deported requires changing their criminal plea and it is much harder to do after they complete their sentence.
Answer Applies to: California
Replied: 1/17/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Your husband most likely qualifies for relief so he does not get deported. He can apply for cancellation of removal or for a waiver.
Answer Applies to: Florida
Replied: 1/17/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Your husband needs to consult with an immigration lawyer who can represent him in what will likely be removal proceedings.
Answer Applies to: Florida
Replied: 1/17/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    This is not a simple question as it depends on the statute under which he was convicted. It may very well be that your husband is deportable as an aggravated felony. I highly suggest you consult with an experienced criminal/immigration attorney on this issue as soon as possible.
    Answer Applies to: Virginia
    Replied: 1/17/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, unfortunately, quite a good chance of it happening (in my opinion) if the Department of Homeland Security persuades the immigration court judge that your husband is guilty of what they consider an aggravated felony.
    Answer Applies to: Virginia
    Replied: 1/17/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Yes, he will be deported.
    Answer Applies to: Florida
    Replied: 1/16/2011
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