I am a United States citizen as well as our daughter of 4 years of age. My husband is currently incarcerated for 2 charges of criminal sexual conduct to the 3rd degree with an adult. He is a green card holder and is currently in removal proceedings. He is from Yemen and he fears for his life with the allegations against him. He fears his family back in Yemen will kill him, not to mention all the problems that country is going through right now. My daughter and I can't live there for fear of our own security. Is there any possible way we can fight for his right to stay here where we've lived our whole life? My husband has been here since the age of 7 and has no previous problem or charges with the law. Please help us.
Depending on the severity of the conviction, he may qualify for withholding of removal which has a higher standard than political asylum.
You need to contact an immigration attorney immediately and have him/her review your husband's complete criminal record. He may have a relief from deportation available depending on his immigration history and his criminal background.
It sounds like the criminal conviction is a grounds for revocation of his permanent residence. You should consider re-opening the criminal case to see if that can be brought down to a more waivable offense.
This is very serious. You need to hire a very skilled and competent immigration attorney specializing in criminal and removal issues.
You should retain an experienced immigration attorney to assist you. Any criminal conviction can be a problem, but some are worse than others. Your husband has likely been charged with an aggravated felony. There is very limited relief available to persons convicted of such charges.
The best advice I can give based on the extreme nature of your situation is to contact an immigration attorney to guide you through the process.
I sense that you might have a pretty good chance of keeping him in the US, but frankly I think that more information should be provided to a competent attorney in private of course, in order for you to really get some good help on the matter. This may not be the forum for this kind of cases. You need to lawyer-up.
He might have a shot at Asylum but no lawyer can tell you before all your facts are gathered and evaluated.
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