My finance was arrested for a felony while in the us on a green card they sentenced him to 18-24 months in prison but

Asked over 1 year ago - Reno, NV

Immigration said they were going to deport him will he have to do his prison time first? Or will they deport him first and if so were will they take him and can we still get married?

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . He will have to serve his sentence first. Once he is released from state of federal custody, your fiance will then be transferred to the custody of ICE and will be detained at an ICE detention center, where he will be placed under removal proceedings in immigration court.

    You can try to intercept and visit him, and also possibly marry him at any time during the process I describe above, but am not sure it will do him much good, depending on the nature of his felony and its immigration law consequences.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, but the deportation is not a must. it depends and you should speek to an immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Thomas D. Boley

    Contributor Level 14

    3

    Lawyers agree

    Answered . All of the above is true. Your other option would have been to post cash bail and get him released from State custody pending trial. At that point, he would have been released to ICE custody and likely deported prior to his prison sentence. Then it would be your choice to join him in his home country. This process does not always happen this smoothly, but is a common scenario. In this scenario, he would be in bench warrant and probably unable to return legally to face the charges.

  4. Allan Scott Lolly

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . You can marry anytime. He may be deported unless there is a way to stop it. Your marriage to him may or may not prevent deportation. There is not enough information to tell. You need to consult privately with an immigration attorney to examine your options.

    For more information, call (888) 483-0311. This information is general in nature and is not legal advice to be... more

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