my husband is illegal alien in US. His visa expired two years ago. Now he is in prison for non-violent offense and has immigration hold on him. he got indeterminate sentence, one up to the tree years. he already served four months and he is waiting for first parole board. I heard that often offenders do not get paroled at the first time, so I want to know is there any chance that immigration can take him and deport before parole board or mabye that he get paroled at the first time(read released to immigration) as a fact that he is illegal alien and must be deported.
Your husband will be entitled to due process of law in a removal proceeding. Due process may be limited if he was previously deported. If there is a immigration hold on your husband he will most likely not be released on parole. Instead, when his sentence is complete, the federal government will have the opportunity to pick him up and take him to immigration detention where he can apply for bond and fight to stop his deportation. You should hire an immigration attorney to protect your husband's rights.
Deportation proceedings will probably be initiated upon his release from prison. Whether he is deported will depend on whether he has any defenses against deportation and whether he is successful in mounting any said defenses.
You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Employment / Labor Attorney
Whether deportation proceedings will be executed against your husband, who is an illegal alien, will also depend on the nature of the crime and conviction. Before hiring an attorney, you may investigate whether or not you or your husband prospectively qualifies for pro bono legal services. Pro bono legal services are generally provided to low-income based clients. There are various nonprofit organizations within the Greater New York area that provide legal services for immigration issues similar to the one you posted. I recommend that you try a nonprofit organization first, such as:
NYSDA Immigrant Defense Project (works with criminal issues)
New York, NY 01004
Legal Aid Society – Immigration Law Unit (works with criminal issues)
199 Water Street, 3rd Floor
New York, NY 10038
If you do not qualify for pro bono legal services, then you may wish to seek an attorney since the information you provided may not be sufficient to provide you with adequate legal advice.