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Can I get my husband pardoned?

Omaha, NE |

My husband has recently been ordered to be removed based on his criminal history, and although he has a bit of an undesirable history, he has no felonies and has spent less than 2 years combined total of his 21 years in the states, in jail. Some of his crimes include moral turpitude and terroristic threats( a lot more minor than it seems), however, these crimes were 12-15 years ago, and he since turned his life around and is no longer a threat to anybody. He was our head of household, and I stayed home and I cared for our academically gifted children. We are now facing eviction and being homeless due to the fact that we have not had an income for over 2 months now. My husband is a man of good, moral character now, and carried a lot of responsibility. Could he be pardoned?

Attorney Answers 6

  1. Could he be pardoned? Of course. Is it likly: no. Even if it was--its a process that takes a very long time. Being head of household is not a basis for a pardon to crimes.

    That said, he MAY have other options. No way to tell on the slim facts you posted here.

    Best recommendation: see a local immigration attorney ASAP.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

  2. Not likely, but contact an attorney to find this out.

    Most lawyers will give you a free consultation if you ask for one. We do this all the time, but remember that our time is valuable and you should stay with the people who help you the most.

  3. Pardon is not an immigration law quesiton. There is no pardon in immigration law.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

  4. Please speak to an immigration attorney to determine if your husband has options for remaining in the United States. It depends on his criminal history, the nature of the crimes, etc. We really cannot answer this question without more information. This is a complex area of immigration law and it is best that you consult with an experienced attorney. Good luck!

  5. It appears that your husband's case has a long complex history involving what appear to serious criminal issues (e.g. "terroristic threats") which the government takes very seriously. Obviously it would have been better to address this prior to his being ordered removed, but there are appellate options that you should explore and more facts are needed to determine what options are viable and the best way to proceed (for example, you make no reference of is immigration status prior to this all occurring). Consult with an experienced immigration attorney for assistance.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.

  6. Sounds like you meant, by Pardon, that whether your husband may be admissible to US again. Well, it depends on a lot of factors. It is not sufficient to prove his eligibility based on lapse of time since his unknown crime and being head of household. You should consult a local immigration attorney with more facts.

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