My illegal husband was arrested in Dec. and charged with DWI. He was released same day on bond, with NO immigration hold. He has court in May, Is it necessary for me to go ahead and hire a immigration attorney just in case it turns into an immigration case? Can we get the court postponed even though it's been postponed once already? My lawyer is not returning my calls. If he is given time in jail, and immigration gets a hold of him, is there still chances of him getting released here?
An answer to your second and third questions turns on several pieces of information you found unnecessary to include in you post, to wit your immigration status and the manner in which you husband came to the USA; Illegal may refer to manifold situations, not a single manner of entry . As far as your first question is concerned, at the very least you need a consultation with an immigration attorney
Whether or not you wish to hire an immigration attorney is your choice but it may not be necessary at this time. An immigration attorney can analyze your husband's situation and criminal charge and let you know if he will be eligible for any immigration relief should he placed into removal proceedings. If he is picked up by ICE and removal proceedings are initiated, he may or may not be eligible for bond depending on various factors and in the discretion of the judge. I have seen cases in which the person in removal proceedings have 3 DUIs and are given bond but every case must be analyzed on its specific facts.
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