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My husband is on hold for the immigration he has not had court with the immigration judge yet.and he does have a felony .

if he is a us resident how long he need to stay outside the u.s. before he coul'd come back or for me to file a petition for him.

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Attorney answers (1)

Reputation Level 14
Your husband has been convicted of a felony, and ICE has placed a hold? But there has not yet been a removal hearing? I would recommend that you contact an immigration attorney in California now to see if a) he is clearly subject to removal, b) whether his conviction is whats known as an aggravated felony and c if there is a way to vacate his conviciton.

Now is the best time for you to consult with an attorney about any future ability for him to immigrate. If he is removed or deported, its important that he just not come back into the country without consent of the Attorney General or he could face federal criminal charges. 8 USC 1326.
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