He may be placed in removal proceedings, however, he may still be eligible to pursue his green card in those proceedings. Consult with an immigration attorney for the best advice.
If this is his third DWI, I would add that he should also consult with an experienced DWI attorney to work together with the immigration attorney to achieve the best outcome possible. Best of luck.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
It is likely that he will be placed in deportation proceedings. You need to contact a DUI attorney and immigration attorney as soon as possible
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
If your husband is a lawful permanent resident, he may be subject to removal or inadmissibility should he leave the country and try to come back. He may also be subject to removal/deportation if he's a non resident immigrant. It's only a matter of time ICE initiates this process. You need to consult with an experienced lawyer who is well versed in both immigration and criminal law. There may be relief available to him even after he receives a Notice To Appear or is detained by ICE.
His immigration hold is probably more related to the fact that he is facing a felony rather than the charge of DWI. Is there any way for him to post a criminal bond so that he can go to Immigration before he has to face a conviction for his DWI 3rd? He would probably have higher chance of bonding out from immigration without the 3rd conviction than if he is already convicted of a felony. Since he has an immigration hold, he will eventually have to face immigration. Why not do so without a 3rd conviction? Unfortunately, he truly needs to get a criminal lawyer, an immigration lawyer (focus on deportation) and alcohol abuse treatment.
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He will be deported unless you can get the proper documents filed with the USCIS to stop the process due to your legal status.
Hire a qualified immigration lawyer ASAP.
I hope this helps. It's the best answer I can give with the facts in the question.