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My husband came to the US on a student visa at the age of 9. He has been in jail for 10yrs now

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my husband has been in jail for 10yrs and the jail is unsure if he has an immigration hold and no one has the correct answer. we have been married for 3yrs and i filed the I-130 last year. Will he still be picked up by immigration if he was told he has a possible hold but no one can say for sure if he has the hold

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Attorney answers 2

Posted

Most noncitizens convicted of serious crimes and in custody after 1998 are subject to mandatory detention under the Illegal Immigration Reform and Indifidual Responsibility Act of 1996 (IIRIRA). If the Immigration & Cusoms Enforcement (ICE) is alerted that your husband is not a U.S. citizen, it may put an immigration hold on him. The warden at the jail should be able to tell him. You filed an I-130, but the question remains whether your husband will be inadmissible as an immigrant and, if so, will he be eligible for a discretionary waiver. You should consult with an immigration lawyer with experience and knowledge of immigration consequences of crimes.

Scott D. Pollock
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Posted

If your husband has been incarcerated for 10 years he's in prison not jail. If you want to guarantee that he is deported follow my colleague's advice and ask the warden about his status. This will only cause the warden to have someone call call ICE and ICE to investigate and impose a hold. This is one you may have to wait out.

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