If your husband is detained on a criminal charge then the criminal matters will first be resolved prior to dealing with ICE, the agency which may have placed an hold on permitting bail. But, it may be possible to obtain parole release given the particular factors of your husband. Generally, domestic violence or other violent or drug offenses will not permit bail from ICE. I recommend you either contact our office for free consultation or another immigration attorney who also does both, criminal defense and immigration law so that the attorney has an understanding of whether your husband may qualify for safer pleas options under the US immigration law; however, if he has already plead guilty, then relief options with immigration court given his particular convictions.

Answer Applies to: California
Replied: 11/7/2011

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To properly advise him the attorney will need to see a complete copy of his criminal record, determine what the felony is, was it committed before or after he became an LPR, assess his eligibility for relief from deportation such as cancellation of removal.

Answer Applies to: California
Replied: 11/6/2011

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I don't know what kind of a felony he is being detained for but see if you can have him bailed out. If he is put in removal proceedings, then you will have to try and get him cancellation of removal if he qualifies for it before the Immigration Judge. Please consult an attorney with all his information in order to see what else he qualifies for and present it as a defense.

Answer Applies to: California
Replied: 11/4/2011

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Depending on how much time has passed since his conviction, he can petition for some type of post-conviction relief. However, there are typically time limits on when such petitions can be filed. In my home state, such a petition must be filed within a year of the conviction. If the conviction was very recent, it may also be possible to file a petition to withdraw a guilty plea. However, winning such relief is not the end of the problem. The case will usually be sent back to the trial court and retried or renegotiated for a plea bargain. It is possible to get virtually the same or even worse result the second time around. If you can get rid of the felony conviction, you can get rid of that ground for deportation and seek a termination of proceedings before the immigration judge.

Answer Applies to: Tennessee
Replied: 11/3/2011

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You should contact an immigration attorney immediately as the process of bonding out on the state charges and ICE hold can be difficult and require applying to the Immigration Court in your jurisdiction.

Answer Applies to: South Carolina
Replied: 11/3/2011

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If he is already a permanent resident and the felony makes him deportable, you need to re-open the criminal case and have it reduced to a charge (and conviction) that would not make him deportable. Very difficult.

Answer Applies to: Texas
Replied: 11/3/2011

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You should hire an attorney to represent your husband. An experienced immigration attorney can help determine what relief, if any, your husband can apply for to remain in the United States. Some crimes make a person ineligible to have permanent resident while others can be waived through a showing of hardship. Your husband may be able to keep his lawful permanent resident status or reapply for such status depending upon the particular crime he has been charged and/or convicted of violating.

Answer Applies to: New York
Replied: 11/3/2011

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You need to find a lawyer to evaluate his case. He may have chance to certain form of relief.

Answer Applies to: Florida
Replied: 11/2/2011

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It depends upon a number of factors, including what his conviction is for and how long he has been here. You should speak directly with an immigration attorney to figure out your case.

Answer Applies to: New York
Replied: 11/2/2011

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The type of felony and the sentence determine if he has relief.

Answer Applies to: Texas
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.