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What do I do if my husband got arrested and has an immigration hold on him?

San Jose, CA |

My husband got arrested this past Thursday he has an immigration hold , but hasn't had court until tomorrow. What can I do for him not to be deported? We have been married for almost two years and have a nine month old baby. He is been charged for cultivating and having marijuana for sale and on top of that he was already doing community hours for driving without a license.

Attorney Answers 4

Posted

Drug-related crimes are serious business. You'll want competent help.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Please visit our website at www.tunitskylaw.com. For questions or to schedule a consultation, please call 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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Posted

This is very serious. Run, don't walk, to a criminal defense attorney's office.

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.

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Posted

Any charge for committing a crime involving drugs/controlled substances can be very serious. It is extremely important that your husband be properly represented by both an experienced criminal attorney AND an experienced immigration attorney to be certain that he is getting effective legal representation for all matters. Don't delay; retain the attorneys as soon as possible. Good luck!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

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Posted

Your husband may be facing serious criminal consequences and serious immigration consequences. The two systems are seperate, however there is crossover. Make sure that you retain an attorney in criminal field who understands immigration law. For example, it may be beneficial to post bond in the criminal case to force ICE to execute the detainer on immigration hold so you can seek a bond on the immigration case. However, your husband may be subject to mandatory detention and not entitiled to bond on the immigration case, so you would not want to waste your money on the criminal bond. Any plea to the criminal charge could have long lasting negative effects on his immigration status. A criminal defense attorney who understands immigration law, or who consults with an immigration attorney, may be able to fashion a plea, or create a defense, that alleviates the potential negative immigration consequences. Even entering into a pretrial diversion program could have negative consequences if he makes admissions in the diversion agreement paperwork. Make sure an experienced criminal and immigration lawyer review the case before he enters into any agreement.

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