My husband is being held for deportation. He came here on a student visa, did not finish school. And in 2012 was arrested for burglary and served a year. What chance is there that he will not be deported? What can we done to keep him in the USA
Answered on: 9/19/13, 8:00 pm by James Brown
The most important factor is whether the crime he committed would be classified as an aggravated felony under federal law. If it is, he would almost certainly be deported unless he was able to vacate the conviction or get a pardon. If the crime is not an aggravated felony under federal law, he may be able to avoid deportation, it would depend on knowing all the facts.
The first step is to retain an immigration attorney to look at your husband's court file and determine whether his conviction for burglary under the relevant state statute would be classified as an aggravated felony under the INA.
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