Legal Question in Immigration Law in California

My hussband is a green card holder married to a U.S citizen. He has domestic violence charges against him. Can he be deported even when i do not want him eported he also has a misdemenor on file. If there is a chance of him being deported can I petiton it? Thank you for your time


Asked on 9/18/12, 3:11 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

It is at the discretion of ICE as to whether or not they want to revoke permanent residency due to criminal activity. Your husband could be put in Removal Proceedings, depending on the number of convictions, types of convictions, etc.

However, if he is put in Removal or Revocation Proceedings, there is nothing you can do to help him, nor can you petition for him.

My advice is that he is stay out of trouble & files for naturalization as soon as he is eligible. Although, he may have to wait for a while, depending on the dates of the prior arrests/convictions, to do so, due to the moral turpitude requirement for becoming a U.S. citizen.

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Answered on 9/18/12, 5:51 pm


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