We recently returned our paperwork so that he may get his green card as we were just married 3 months ago. We are in his conditional status for the next two or so years.
He recently had an altercation with a man in a bar and now that man is pressing charges against him for assault. The other man did not raise his hands to my husband and there are witness statements to back up his claim.
But just because my husband lost his temper and hit the guy for what he said about me, does this mean that he can be deported?
The answer to your question will depend upon the criminal charges filed against your husband. You should retain criminal counsel to handle the criminal matter as well as immigration counsel to work with your criminal attorney to facilitate an outcome that will not cause any immigration problems. Nonetheless, the offense will need to be disclosed to USCIS as part of the application process.
First, your husband needs to deal with the criminal charge, if filed. Your husband should retain a criminal defense attorney and have him/her consult with an experienced immigration attorney. By having both attorneys working together, your husband may not have to worry about immigration. Second, only after the criminal case is resolved, can the issue of deportability be resolved. Good luck.
714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.
He may or may not, depending on how serious his criminal conviction is. Bear in mind, a green card holder is deportable if he commits crimes involving moral turpitude. You need to hire a criminal lawyer now to mitigate his criminal conviction, then worry about deportation.