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If my friend, who is a non-citizen about to get married to a legal citizen, is arrested will he be deported? And if so, how soon

Duluth, MN |

-went to jail for assault, possession of 3 grams of marijuana (also, how long would one spend in jail for these charges?)
-will he be deported immediately? or will he be let out of jail to have a trial later?

Attorney Answers 6

  1. Can he? Yes.
    Will he? Maybe, maybe not.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  2. Your friend needs a good immigration lawyer ... most likely things can be worked out.

    No, the deportation isn't immediate ... it can take years for the full court-process.

    Out of jail? Maybe, if there is a bond.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. I agree with my colleagues. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

  4. Does your friend have a green card? It sounds like he does not. ...

    If he is arrested by immigration officials, he likely will be held in jail. He may well be held without the possibility of a bond. If he is married to a US Citizen, he might be able to apply for permanent resident status. He would also need a waiver of the criminal conviction for possession of marijuana, for which he would need to show extreme hardship to his wife.

    This case could be quite complicated. I suggest that your friend find an experienced immigration attorney in your area as soon as possible.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  5. A person "convicted" of certain crimes may be deported if a non-citizen. For purposes of federal immigration law, a guilty plea is a "conviction" even if there is a non-conviction disposition under Minnesota law. More information would be needed to determine the level of the threat of deportation, if any. He will need to consult an immigration lawyer to determine what is at stake for immigration purposes. He will need to retain a criminal defense lawyer immediately, to help defend the assault and marijuana charges. The criminal defense lawyer should be experienced with representation of non-citizens, and helping them avoid immigration consequences.

  6. His best chances may be to fight the criminal charges, because any conviction could possibly lead to deportation. If he does not have an attorney already, he should retain on ASAP (or apply for a public defender if he qualifies).

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