Husband detained by ICE!

[Heatherbblove]

Hi all,

Husband entered US in 2014 and overstayed his visa.
In Jan 2015 he was arrested for stealing from Walmart (where he was working) and selling items to send cash to buy meds for sick mom back home. He was given pre-trial probation and case was dismissed.

We married in September 2016, filed I-130, I485 and I-765 in November 2016.

As he cannot legally work yet, he very embarrassingly was involved in shoplifting on Feb. 4, 2017. Was arrested.
The merchandise was $220, he never left store. We also paid civil demand of $250 to store.

That case is still pending.

His work permit was approved in March.

On April 6, ICE agents surrounded him in our home as he made his morning coffee and detained him!
He's been in jail since, in removal for overstaying his visa.

We had a bond hearing April 13, and the immigration judge denied the bond, saying my husband is a "danger to property."
Prosecutor said she would send I-130 to USCIS to be expedited but it's still pending.

He has no convictions, all we have on the February case is a police report. That hearing is May 9.

He has an immigration master hearing May 1. We are so afraid he will be deported. We just want to get on with our lives. 😢
I cannot sleep, eat enough or focus with him locked in jail 2 hours away.

Any advice would be appreciated.

[inadmissible]

Deportation defense is not a DIY thing. You should contact community organizations that provides this kind of specific support to immigrants. If you hire a private attorney, choose one that works exclusively on deportation defense, preferably one who specializes in deportation defense of criminal aliens. There are far too many attorneys who claim to handle many aspects of immigration law and will be only too happy to use your husbands case as a learning experience on your husbands dime

The court can, in the discretion of the immigration judge, grant adjustment of status to your husband as a form of relief from deportation. It certainly helps if the prosecutor assigned the case agrees to this approach

The question is whether your husband will be found statutorily inadmissible to the United States as a result of his crimes. It is important to remember that immigration law has a very broad definition of "conviction", encompassing situations where noncitizens plead no contest or certain pre-trial intervention programs that require the defendant to formally admit guilt or formally admits sufficient facts to warrant a finding of guilt. Outcomes that US citizens would regard as "getting off" because they don't involve custodial sentences can still have harsh consequences to a noncitizen. Hopefully, both of his crimes did not result in a conviction for immigration purposes, but it would require an analysis by an attorney with both an understanding of your states penal code and criminal procedure, as well as an understanding of federal immigration law's grounds of inadmissibility

If he has only one theft conviction (as broadly construed under immigration law) he will benefit from the petty offense conviction, if he has two he will face the burden of persuading the court that his removal will cause you extreme and unusual hardship. I doubt he has two because he was granted a bail hearing

Hang in there, you'll both get through this

Here are two articles about this topic by a community organization in the state of California:

https://www.ilrc.org/sites/default/files/resources/n.7-crimes_involving_moral_turpitude.pdf

https://www.ilrc.org/sites/default/files/resources/allthoserulesaboutcimts.pdf

[Heatherbblove]

Thanks

Thank you so much for your response.
The first case he was given pretrial probation and paid restitution in exchange for dismissing the case. He was told he could freely check off "no record" when applying for jobs and the like.

The open case is still pending but the criminal attorney seems to think he can get the shoplifting dismissed in exchange for a plea of possessing a burglarious tool which has no immigration consequences.

I'll keep you posted.
I am so worried sick over this, I cannot focus on anything else at all day and night.



QUOTE=inadmissible;493588]Deportation defense is not a DIY thing. You should contact community organizations that provides this kind of specific support to immigrants. If you hire a private attorney, choose one that works exclusively on deportation defense, preferably one who specializes in deportation defense of criminal aliens. There are far too many attorneys who claim to handle many aspects of immigration law and will be only too happy to use your husbands case as a learning experience on your husbands dime

The court can, in the discretion of the immigration judge, grant adjustment of status to your husband as a form of relief from deportation. It certainly helps if the prosecutor assigned the case agrees to this approach

The question is whether your husband will be found statutorily inadmissible to the United States as a result of his crimes. It is important to remember that immigration law has a very broad definition of "conviction", encompassing situations where noncitizens plead no contest or certain pre-trial intervention programs that require the defendant to formally admit guilt or formally admits sufficient facts to warrant a finding of guilt. Outcomes that US citizens would regard as "getting off" because they don't involve custodial sentences can still have harsh consequences to a noncitizen. Hopefully, both of his crimes did not result in a conviction for immigration purposes, but it would require an analysis by an attorney with both an understanding of your states penal code and criminal procedure, as well as an understanding of federal immigration law's grounds of inadmissibility

If he has only one theft conviction (as broadly construed under immigration law) he will benefit from the petty offense conviction, if he has two he will face the burden of persuading the court that his removal will cause you extreme and unusual hardship. I doubt he has two because he was granted a bail hearing

Hang in there, you'll both get through this

Here are two articles about this topic by a community organization in the state of California:

https://www.ilrc.org/sites/default/files/resources/n.7-crimes_involving_moral_turpitude.pdf

https://www.ilrc.org/sites/default/f...aboutcimts.pdf[/QUOTE]

[inadmissible]

Thank you so much for your response.
The first case he was given pretrial probation and paid restitution in exchange for dismissing the case. He was told he could freely check off "no record" when applying for jobs and the like.

That right there is probably his CIMT conviction for immigration purposes. He can check off "no record" when applying for jobs, but not when applying for immigration benefits

[Heatherbblove]

So is he going to be deported?

That right there is probably his CIMT conviction for immigration purposes. He can check off "no record" when applying for jobs, but not when applying for immigration benefits

Lawyer said it had to be convictions. =(

I am so scared and he's been in ICE custody 2 hours away for 21 days now.
I cannot financially, emotionally or practically survive here with our family without him.

=(

He's just a human who made 2 mistakes. He's never done a single violent act in his life. </3