my husband is from Haiti he arrived here on a temporary student work visa but he has to renew every 15 to 18 months he was trying to get his permanent papers but I have decided not to sign them because I realized that that was all he was after . So I didn't sign the second set of papers . he has not been convicted of domestic violence but I left him and moved away to a different city.I lived indomestic violence shelter for 3 months because of abuse.I have been living on my own for over a yearI was wondering if he can still get deported and what would be the determining factor for him to get deported we have police records I have pictures of abuse I have character witnesses.he was previously married briefly.we are not divorced yet and he is trying to get involved with another woman
What is your goal here?
I sense that you want him to be deported ... if that is the case, contact the police and insist on them charging him with a domestic violence crime ... and then work with the DA to make sure he gets convicted ... that will result in him getting deported.
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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I am truly sorry for your troubles. Your question states too many facts, relevant and irrelevant while missing other important issues for me, at least, to give you an opinion. SUre, it is possible that he might, at some time, face removal proceeings. Whether or not he is ordered deported depends on the nature of the charges, his response, the defense put forth by his attorney.
A conviction for domestic violence will render him deportable.
This is general information and not legal advice. This communication does not create a lawyer-client relationship.
ICE is one of those agencies that has a mind of its own. It depends on the country of origin, how bad the crime was, whether there was an overt conviction or whether there was some form of probation. It depends on how busy that particular office is where he may or may not be processed for removal. I have had clients that were not even placed on an ICE bond (they had expired visas and were charged with Domestic A&B) and were set loose after I had a two or three hour talk with the agents and them posting the State bond. On the other hand, I have had similar circumstances where they placed an ICE bond and then removed the client.
What I'm trying to get at is there isn't currently any very consistent practice for deportation/removal. The immigration world is in an uproar.
The best thing for you to do is to report any crimes that may have been committed and cooperate with the district attorneys who are prosecuting the case. Keep moving forward with your life. Vengeance and justice are two separate things; be careful not to mix them up.
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A conviction of Domestic violence is a deportable offence. However, depends on the state statute some DV considers as a simple assault and ergo a misdemeanor.
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