Will deportation happen if Greencard holder has been charged with Criminal Charges/Domestic Violence

[aNEWchapter 1]

My Moroccan husband of almost 2 years was recently arrested for Assult on a femle. He was released on a $3,000 bond and a Pretrial Programe that is much like probation. He violated the NO CONTACT order and was arrested again10 days later for Pretrial Violation. When police went to arrest him he ran from the police. He was put in jail a second time this time with the charge of Pretrial Violation and a $40,000 dollar bond. I do not believe he has beens to post this bond even if he uses a bonds man. He will stay in jail until his court date on 1/9/2012 unless he is able to post bond.

My question is this....

Will Immigration be notified of his arrests? ( I have filed a complaint to ICE, but I have not heard anything)

If he is convicted (He will be, too much evidence) Will he be allowed release after he serves his sentence or will Immigration get involved and have him deported?

Is there a possibility he will go straight from jail to immigration detainment?

Any advise/feedback is GREATLY appreciated!

[canadian_wife 1,822]

Is the female he assulted you?

Good luck

[Ontarkie 14,227]

~~~~ Moved to Effects of Major Family Changes on Immigration Benefits, from Philippines forum~~~~

[LIFE'SJOURNEY 970]

If his GC is valid than immigration will not be notified, he will be release back into the general population without an immigration hold.

As long as his GC is valid, than there is nothing or immigration to do, even if he is convicted. The only way immigration will hold will be if he is involiation of his immigration status. That is only established by immigration court.

Edited December 5, 2012 by LIFE'SJOURNEY

[rade2rising 205]

far as I know for certain crimes you will get deported if you are NOT a US citizen for example, DUI. It happened to someone I know and he was so shocked. what are those crimes I don't know exactly but I am quite certain assault is one of them. get a lawyer fast

[ceadsearc 516]

far as I know for certain crimes you will get deported if you are NOT a US citizen for example, DUI. It happened to someone I know and he was so shocked. what are those crimes I don't know exactly but I am quite certain assault is one of them. get a lawyer fast

Getting one DUI will not get an LPR deported. It might get someone who is here illegally flagged for an ICE hold and subsequent deportation, though.

[LIFE'SJOURNEY 970]

Exactly people give some much incorrect information on this board, a single DUI will not get you deported. Unless that charge of assault grant the indiviual excessive jail time, he will not de deported if his GC is still valid at the time he is released from jail.

[Villanelle 4,122]

My Moroccan husband of almost 2 years was recently arrested for Assult on a femle. He was released on a $3,000 bond and a Pretrial Programe that is much like probation. He violated the NO CONTACT order and was arrested again10 days later for Pretrial Violation. When police went to arrest him he ran from the police. He was put in jail a second time this time with the charge of Pretrial Violation and a $40,000 dollar bond. I do not believe he has beens to post this bond even if he uses a bonds man. He will stay in jail until his court date on 1/9/2012 unless he is able to post bond.

My question is this....

Will Immigration be notified of his arrests? ( I have filed a complaint to ICE, but I have not heard anything)

If he is convicted (He will be, too much evidence) Will he be allowed release after he serves his sentence or will Immigration get involved and have him deported?

Is there a possibility he will go straight from jail to immigration detainment?

Any advise/feedback is GREATLY appreciated!

Immigration is not notified of 'arrests'. Certain CONVICTIONS are considered as grounds for deportation though. It includes felony convictions and domestic violence convictions. (It is however at the discretion of ICE but basically any crime in which you caused physical harm or committed fraud is a big no) If youre convicted of a felony, you will serve time in a state prison. State prisons have a shared data base with ICE. So ICE will be aware of the charges/conviction/release date and will have the immigrant released to their custody upon completion of their sentence if they feel the conviction warrants deportation. (So in that case its not necessary to notify ICE however you can do so if it makes you feel better)

For cases of DV that are tried in local courts, ICE currently does not have a system in place to monitor the activities of every local court across the US. So if an immigrant is tried and convicted of DV or 'assault on a female partner' then subsequently violated a no contact order and serves prison time in a local or COUNTY jail, ICE will NOT be alerted to that with their current prison monitoring system, so you would need to contact them and alert them. The same process as above would apply.

As a side note- ICE is not able to do anything (determine he is eligible for deportation) until after your husband is convicted (according to your post he is still awaiting a court date/trial) I believe once they do make that determination they will serve him with paperwork while in prison, notifying him of their decision. (and I honestly dont know when you report someone to ICE if they get back to you personally and let you know of their decision or not, but since he is your husband, I believe there is a way for you to track if deportation proceedings have been filed against him or not once he is incarcerated.)

Also since its hard to tell if youre asking because youre fearful he will automatically be deported, or you were the one he assaulted and you want him deported, if its the latter, you should consider filing for divorce now while hes still in the country and its easier then trying to obtain one when hes not.

[Brother Hesekiel 2,236]

My Moroccan husband of almost 2 years was recently arrested for Assult on a femle. He was released on a $3,000 bond and a Pretrial Programe that is much like probation. He violated the NO CONTACT order and was arrested again10 days later for Pretrial Violation. When police went to arrest him he ran from the police. He was put in jail a second time this time with the charge of Pretrial Violation and a $40,000 dollar bond. I do not believe he has beens to post this bond even if he uses a bonds man. He will stay in jail until his court date on 1/9/2012 unless he is able to post bond.

My question is this....

Will Immigration be notified of his arrests? ( I have filed a complaint to ICE, but I have not heard anything)

If he is convicted (He will be, too much evidence) Will he be allowed release after he serves his sentence or will Immigration get involved and have him deported?

Is there a possibility he will go straight from jail to immigration detainment?

Any advise/feedback is GREATLY appreciated!

I don't know what a femle is, but I can tell you that anybody can get arrested. I can get arrested today when walking my blind Chihuahua Chloe, just because I look a bit like the gang banger who robbed the 7-Eleven 12 blocks away 13 days ago. Means nothing.

But if you husband gets convicted of 2 cases of assault and another case of evading arrest, you can be fairly sure that Egypt will be your new country of residency rather quickly.

On a more personal note, one little incident is something that can happen to anybody, myself included, but then violating a court order again and running from the cops to top it off shows that your husband has unsolved issues. Hopefully not with the femle, as that would be very unfair to you, the lawfully wedded wife.

Best of luck to you.

[Darnell 8,478]

many times an offender is held over for ICE , so that ICE can check his status.

Might take a day, might take 5 weeks, all depends on the customs of the local ICE station...

It's called an 'immigration hold' by the local cops, usually.

OP - if you wish ICE's involvement, combined with a divorce, well, you should set up an infopass appointment at your local office, then once there, ask to speak to the ICE Shift Supervisor.

[rade2rising 205]

Exactly people give some much incorrect information on this board, a single DUI will not get you deported. Unless that charge of assault grant the indiviual excessive jail time, he will not de deported if his GC is still valid at the time he is released from jail.

relax it wasnt simple DUI he was involved in crash. you do not know the details so plz control your comments if you are clueless about what you are going on about.

[~Jackie~ 30]

My ex-husband, from Jordan, was arrested twice in America for sex crimes. Once in Florida with a minor, which the authorities became involved. Once in Georgia where he was arrested for criminal sexual battery and plead GUILTY. Once I found out about all this chaos he was causing, I contacted ICE, DHS, and eventually met with the FBI.

Let's skip to the bottom line, he's still here, owning 2 businesses and no one is interested in deporting him (well, except me..lol). He pays his employees cash under the table and send thousands of dollars back to Jordan. Seems the IRS isn't interested in him either.

Moral of my pathetic story, once they have the greencard, its not easy to have it taken away.

To those I haven't seen in awhile...HI

Jackie

[LIFE'SJOURNEY 970]

relax it wasnt simple DUI he was involved in crash. you do not know the details so plz control your comments if you are clueless about what you are going on about.

Then in the future give complete information to to back your statemet. I have worked with ICE on many occassions and no one gets deported for a simple DUI. If you wish to give information than make sure you are giving complete and factual statements to back up your comments. Invovle in a crash, means absolutly nothing unless that crash was a man-slaughter indicement.

Jackie is correct, there are many GC holders who are walking around in the USA who have been convicted of federal charges.

Edited December 7, 2012 by LIFE'SJOURNEY

[TBoneTX 45,309]

To those I haven't seen in awhile...HI

Yo, J-Bone!

[Villanelle 4,122]

My ex-husband, from Jordan, was arrested twice in America for sex crimes. Once in Florida with a minor, which the authorities became involved. Once in Georgia where he was arrested for criminal sexual battery and plead GUILTY. Once I found out about all this chaos he was causing, I contacted ICE, DHS, and eventually met with the FBI.

Let's skip to the bottom line, he's still here, owning 2 businesses and no one is interested in deporting him (well, except me..lol). He pays his employees cash under the table and send thousands of dollars back to Jordan. Seems the IRS isn't interested in him either.

Moral of my pathetic story, once they have the greencard, its not easy to have it taken away.

To those I haven't seen in awhile...HI

Jackie

In Georgia criminal sexual battery is a misdemeanor not a felony. (misdemeanor convictions are typically not considered 'deportable actions')

While domestic violence isnt a felony it is on the list of 'deportable actions' or things you can do to have your GC revoked.

The list includes felony convictions, which are crimes in which you caused serious physical harm or death to another person. (this could include a DUI where someone was killed or injured, as well as rape, assault with w/o deadly weapon, child abuse, child porn)

Also the list includes those convicted of crimes of fraud or extortion.

You should note there is no public list of rules. Its not like when you get a GC they give you a little flyer saying heres what you can and can not do. Deportation is subject to the discretion of ICE on a case by case basis. The 'lists' Im quoting above are things Ive gathered from my own research.

for the poster above. If your ex is committing tax fraud and you have interest in seeking his deportation, I would recommend to aggressively pursue (as anonymously as you can for your safety) reporting him to the IRS for tax fraud. If he is successfully convicted of fraud, it should be enough to make him eligible for deportation.