Regardless of what happens, if you are a U.S. citizen at the very least file an I-130 alien relative petition, for your husband as once approved it gives you more options.
Attorney & Counselor at Law
First, you should hire an experienced immigration attorney.
Second, you must file a petition regardless. It may help him even to obtain an immigration bond when he is I'm ICE custody (as long as he has a clean record but the criminal charges are going to be problematic)
Third, after you file the petition, he may adjust his status if he came in legally OR leave and try to come back legally with a waiver of inadmissibility.
Finally, get moving FAST!
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
More information is needed. What was the crime for which he received the original conviction? Did he enter with a visa or without inspection? Finally, refer to your husband as unlawfully present or having entered without inspection. Contraband and Drugs are illegal; no human is illegal!
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
This is general information, not legal advice, and does not create an attorney client relationship.
More information is needed. What was he convicted of? How did he enter the United States?
When did he enter the United States? There may be a way to solve this without his leaving the United States. The key word is may.
213 327 0044
Immigration US visas Immigration holds and deportation Immigration detention Re-entry after deportation Immigrant status Criminal charges and immigration status Criminal defense Criminal charges Defenses for criminal charges Criminal arrest Criminal record Probation for criminal conviction Undocumented immigrants Spousal immigration Form I-130 (alien relative)