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My husband is in jail, n has a tempGC,. Why does he have an immigration hold? Can he still be deported with immigration lawyer?

Atlanta, GA |

He also has a bond...I dont understand the cause of the hold if his paperwork is in tact..:(

Attorney Answers 3

Posted

Even if your husband has a GC, an immigration hold can be placed on him by ICE if he is being held by the state for a crime he committed. ICE typically places a "hold" on any non-citizen which it finds incarcerated in state custody.

He must have most likely posted the state bond. That will get him released from state custody, pending criminal court trial, or maybe not, if he already agreed to a plea bargain.

Immediately upon being released from state custody, your husband will be transferred to an immigration detention center, where he will be processed, with an NTA issued for his deportation, if the crime he was convicted of is a "removable offense " .

A good criminal defense lawyer working in tandem with a competent immigration lawyer can make all the difference in the world in his case.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

He can be deported even if he has a lawyer. It will depend on his facts and circumstances. The information you submitted seems to indicate that a bond was paid? and he's still in custody but has status? That leads me to believe there is a criminal issue? You need to submit all of your husband's documentation to an experienced deportation lawyer to clarify and begin working to keep your husband here with you.

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Posted

Depends on what the charges are for. Consult with an immigration lawyer

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