Legal Question in Immigration Law in New Jersey

a felons right to stay in america with a american wife and child

is there any chance of my husband remaining in america after being convicted of a felony. I and our child are american born he is not . he risided in america for 10 years and has filed and we continue to file taxes. we own our own home and run a business, a contract with the county, in which we reside. My husband was convicted and released for early deportation. but he returned illegally to the U.S. when my sister and her husband were simultanously diagnosed with cancer. I also support and take care of my 81 year old mother. I was the sole care taker for my sister and husband during their illness. My brother-in-law has since passed on and I am the only one who can assist my sister. the question as to wheter or not there is any chance of my husband being allowed to stay. After returning illegally he served 2 years in a federal facility and they now once again are going to deport him. Our daughter is born and breed in america and is never going to be able to leave nor be able to cope in a new society. My husband is Israeli .For other than this one aborhent time in his life my husband is the essemce of a very helpful and contributing member of society. He was instrumental in the opening of a young boys school


Asked on 5/02/07, 10:16 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: a felons right to stay in america with a american wife and child

The other attorney answered your question pretty good. I can refer you to a good attorney here in New Brunswick that would be able to help you. Just drop me an email for the contact info.

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Answered on 5/03/07, 11:41 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: a felons right to stay in america with a american wife and child

The answer to your first question is yes. This is by no means a simple case, and there are many factors here that would strongly militate against him being able to remain in the United States.

But there are also many factors here which would help him to remain here, including, but not limited to, he has been in the US for 10 years,he has two US Citizen children and a US Citizen wife, he conscientiously pays his taxes, he has a steady job, formidable financial/ economic/ social ties to the US, ownership of property in the US, and evidence of good moral character in that he opened up a school in the US. Since he is also a major breadwinner in the family, there are clearly enough reasons to build a compelling case for extreme hardship to the US Citizen wife and children if he was deported. A Judge should be able to see that clearly.

One also needs to closely look at his criminal history in detail. Were the criminal convictions plea agreements? Was he properly and adequately advised of the severe immigration consequences on the record by either the Judge or his Attorney? Was he adequately served with Notice? What was the criminal charge(s)? What type, and how much, evidence did the District Attorney have? Was the testimony and/or evidence credible? Did he have a chance to cross-examine witnesses?

There are hundreds of questions to ask, but more scrutiny needs to be applied in that regard.

What is unclear here is what do you mean that he was "released for early deportation?" Do you mean "voluntary departure?" And was he supposed to leave by a certain time?

Was he charged with an Aggravated Felony? A Crime of Moral Turpitude?

Please contact one of our outstanding and experienced Immigration and Deportation Defense Attorneys to discuss your situation more in depth.

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Answered on 5/02/07, 11:09 pm


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