Legal Question in Immigration Law in New York

Yes, he might be deported if he is out-of-status/illegally in USA. Have you petitioned your husband for permanent residency (assuming that you are a US citizen)? If he is convicted of aggravated felony, he can be deported/removed from USA. It's not clear from your questions what are his convictions.

You shall consult an immigration lawyer in your town who specializes in removal (deportation) defense ASAP.

Unfortunately, contrary to your husband�s belief, criminal aliens with felonies are considered threats to US society. The purpose of the hold is to have ICE eventually transfer your husband to Immigration detention (after the state or county time is served), and while there he will be served with a notice to appear in removal (deportation) proceedings in Immigration Court on or near the detention facilities. Due to his previous convictions, most likely that will happen.

His status is most likely illegal because you cannot be a "temporary visitor" as you say for "many many years" (a visitor is entitled to stay in the US and visit for at most a year). Because this is a 2nd felony and the first one was robbery charge, he probably will be found to be an aggravated felon. Unfortunately, this will prevent him from receiving relief in front of the immigration judge. That's my assessment without knowing all the particulars of his criminal convictions, but he and you should be aware that noncriminal aliens are subjected to removal proceedings everyday in the Immigration Court, the only thing they�ve done is to be in this country illegally or overstayed their visas. If such a person has no plausible form of relief in court, they will be removed. Consult a local New York immigration attorney to ask for guidance and to represent him in Immigration Court when the time comes.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

I would need more information regarding your particular case before I can comment on it properly.

However, from reading your e-mail the only thing I can say is that USCIS will review your husband's immigration file once he has served his sentence. There is nothing you can do before then.

I can understand your worries and concerns regarding your three children, but I am sure that the government will also take their needs into consideration when they make their decision.

Just remember that should the USCIS decide to deport your husband he can appeal his case.

Patricia Martin-Gibbons