My husband had court for dwi and was given 60 days in jail. I am worried that he might get imigration because he enter USA without inspection. In 2012 the I-130 was approve. I dont know if this will help to stop a deportation IF he gets imigration hold.
To make sure your husband will not end up being deported and to seek his release on bond, immediately take action to hire the best immigration lawyer money can buy in your area or next largest locality.
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.
6 lawyers agree
IF he is, it will be for being illegally not for DUI.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
7 lawyers agree
There are two aspects of your case, one criminal and one immigration. The criminal aspect is over insomuch as he was convicted of DWI. As soon as he serves his 60 days he will be turned over to ICE. They will then decide if legally and in their discretion he qualifies for a bond. If they give him a bond you will have the option to pay it or ask an immigration judge to lower it. Sometimes immigration will consider releasing a detainee on humanitarian parole. This is the situation and all this said, you absolutely need to hire an immigration attorney to assist you with this matter. Good luck!
You should seek a private consultation with an immigration attorney.
Angelique Montes, Esq., Immigration Attorney of Montes Law Firm, PLLC in Houston, Texas. This is not legal advice and a client-attorney relationship is not created. The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.