Legal Question in Immigration Law in United States

You should try to get a criminal bond for your husband as this will give Immigration custody of your husband; thus expediting the matter before Immigration. Then Immigratin attorneys can help with your matter to see whether they can stop his deportation etc.

I hope I've answered your question; however as I don�t know all of the facts on your matter it might be better to set up a consultation with me for a more in depth evaluation of your case.

Go to my website which is listed with law guru for my contact info.

Caro Kinsella

Immigration Attorney

Ultimately, after the criminal case runs its course, in my experience, unless your husband has a claim for asylum or Temporary Protected Status (depending on what country he is from) he is most likely to wind up having to leave, then we can file paperwork to bring him back legally, but that is not guaranteed to happen, since he will probably need to ask for a waiver. You see, normally, someone like your husband is barred from applying to return to the US, especially if he has a drug conviction, and especially, if it was something other than marijuana and for dealing.

You are going to need to get together with a local immigration practitioner and go over your husband's case in detail to start to know what your options are. Either way, this will not be cheap or quick.

Last, make sure your husband's criminal attorney is aware of the immigration impact of any plea deal your husband makes.

If your husband was deported in 2004, then he's subject to either a reinstatement action by ICE (which means at the completion of his criminal proceedings ICE will reinstate the prior order and remove him) or ICE can request the US attorney file illegal reentry charges in federal court against your husband. For now, forget about your equities and challenges. The focus has to be on the original deportation order and whether or not it can be collaterally attacked. Hire a very experienced deportation lawyer to review that portion of your husband's immigration history.

The next issue is whether or not he departed the U.S. after the 2004 order and if so, how did he reenter. Assuming you can reopen the removal proceedings from 2004, the reentry will be the next challenge.