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Maximosgirl

My illegal boyfriend is in jail

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Hi my name is Pamela and I have a boyfriend in jail with an immigration hold and I dont know what to do.We have 3 children together and he was the one taking care of us.If he goes IIs ther dont know how im going to support our children.I believe hes in jail on an old warrent for driving without license and driving under the influence.He didnt do anything a few years ago to take care of it because i think he just kept it aside.Now my question is for the first affense is there anyway the courts will give him a second chance either by making him spend the time in jail that he didnt pay or will they just deport him?Is there anything I can do to help him from going?I need help I'm a young mother of three and dont know what to do!Please help me

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An alien in the U.S. illegally who is being prosecuted for a crime will many times have an

"immigration hold" placed upon him or her, meaning that after the criminal matter

is finished (after the jail or prison sentence), he will not be released back

to society, but will be released to the custody of the Immigration authorities

for removal proceedings (used to be called "deportation proceedings," but

that's an obsolete term). But immigration matters are not the first

concern at all for now until way later. The main concern now for your

husband is to get the lightest criminal sentence possible. Whatever sentence

the local criminal court decides to give him (jail time or probation) is a

criminal matter, and has nothing to do with immigration. It's whatever

his criminal defense lawyer (or public defender) can make a deal or plea

bargain with the prosecutor.

After he pays his debt to society for the

crimes (probably in this case just fines, short jail time, or probation), then

it's up to ICE to decide whether to place him into Immigration Court removal

proceedings if his crimes are not too serious (driving without license

and driving under the influence are not serious). But, if he's illegal in

the U.S., they may decide to initiate removal proceedings anyway. At that

point, he would need to retain an experienced immigration attorney who has

experience in defending removal cases and guide him as to whether there is any possible relief

against removal. Even with U.S.-born children, a person could still be easily removed from the U.S. unless there is some form of relief that the person could qualify for, but only an attorney can advice your husband about that, and to fight for him in court.

Larry L. Doan, Esq.

Be sure to visit our blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us) - experienced removal defense

attorneys

Note: The above response is provided for legal information only and should not

be construed as legal advice, nor to create an attorney-client relationship,

which can only be established through payment of consideration. We do not

offer free advice except for the information provided herein on FindLaw Answers

which has been screened. If follow-up advice on your specific situation

is desired, please visit our website www.GuruImmigration.com for more details.



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