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Does he need a immigration attorney?

Brooklyn, NY |

My husband has a pending criminal case (domestic violence) he travel international before his court date and upon reentering US his green was hold at the airport by immigration. I don't know what to do and I don't know if they will return his green card what the worst case scenario that could happen and this is his first arrest. HELP PLEASE!!

Attorney Answers 5


  1. You should consult with an immigration attorney, sure. Sorry to hear about your trouble.

    Any answer provided by me does not create an attorney client relationship with the author of the question. An attorney client relationship can be formed with me only after a consultation and subsequent execution of a retainer agreement or letter of engagement. Notwithstanding that, the prospective client is afforded the protections of the attorney-client privilege before and during the consultation regardless of whether the retainer agreement or letter of engagement is subsequently signed.


  2. Asking an immigration lawyer if someone needs counsel is like asking a barber if you need a haircut. Don't surprised at the answer.

    Putting that aside, there is no question that domestic violence is near the top of ICE and Customs and Border Patrol's priority list. Probably drugs are the only thing higher. Presumably, if he convicted of domestic violence, he will face cancellation of his green card. At this point, he needs defense counsel to resolve the domestic violence in some fashion: diversion and counseling, a plea to disorderly conduct, something that will not have significant immigration consequences.


  3. Was he allowed to re-enter or was he taken into custody? If he was taken into Immigration custody you should hire him am immigration lawyer.

    I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.


  4. Most likely he will be told to return via what is called deferred inspection and told to bring any criminal records including his final disposition. Be advised he needs excellent criminal defense counsel. If he has a conviction for domestic violence then he will likely be removable from the U.S. since (depending on the exact statute he is convicted under) it is a deportable offense. Seek excellent counsel who understands both the criminal and immigration consequences. Good luck

    No attorney-client relationship is created or implied by this communication.


  5. Yes, you should definitely consult with an experienced immigration attorney who handles criminal immigration cases. It sounds like Customs and Border Protection (CBP) Officers may have sent your husband to deferred inspection to find out the outcome of his pending criminal case. That is likely why they took his green card. If he is ultimately convicted of a crime, they may determine that he is either removable from, or inadmissible to, the United States and place him in removal proceedings. They may also take him into custody and send him to an Immigration detention center. An attorney can help you sort through these issues and talk to CBP and the criminal attorney to work out the complicated issues in this case.

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