Q: My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?
My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?
My husband was arrested for domestic violence, he is illegal and has immigration on hold, he received two fines for restraining orders and also for attacking, and there is also another holder of immigration status ... what can happen now? he was released under certain conditions, but immigration is keeping him in jail. What is the chance that he will be released by immigration, or if he is removed, how long does it take for this to happen?
A:
You may be the person that called me earlier this week.
Your husband may be deported simply because he is here with no status.
Misdimeanor Domestic Violence is not a crime of violence in Florida and not a deportable offense. However violation of a restrating order may be.
Your husband is going to need a provisional waiver and additional waiver for the criminal charges if he was convicted. For the waivers he will need to show that a USC or LPR immediate relative will suffer extreme hardship if he is not allowed to remain in the USA. Secondly the judge; at his or her discretion can deny him time to file the waiver request and go ahead and deport him. The hardships must out weight the actions. This is going to be a difficult case assuming that the person who took out the restraining order(s) is the immediate relative claiming hardship.
If you really want to help your husband; hire a good and experienced immigration attorney to defend him in immigration court and to assist him in filing the waivers.
Ana S. Mendieta agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
