husband in jail for domestic violence..first time offender..NEED INFORMATION ON IMMIGRATION PLEASE!

Oxnard, CA Viewed 248 times. Posted 6 months ago in Immigration

he will have court next week and will do a volunary departure..first question..if he tries to come back and immigration finds him what will they do to him??he came into this country illegaly and want to make a better life for our family..he will have probation if he comes back..second question..is there anything probation can do to him to get deported even if he dosent violate any of his probation?

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Answers (1)

Stanley Dale Radtke

This attorney is licensed in California. Posted 6 months ago.

You need to consult with an Immigration Attorney as soon as possible, before your husband request Voluntary Departure. You do not provide enough information to give you an answer. For example, what is your husband's current status, EWI, LPR, TPS, etc, and what is your status? Do you have any children born in the U.S.? What is the country to which he will return?

Has he pled guilty or nolo contendre to the Domestic Violence charge? Is it a felony or misdemeanor?

As to your question what will happen if he returns without permission, he will be subject to prosecution under Title 8, Section 1326 as unlawful reentrey of a removed alien with the possibility of a federal jail sentence of 10 years.

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