Legal Question in Immigration Law in California
Marriage and deportation
My questions are in regard to what marriage does for someone's immigration case that has a criminal record. My friend married a guy that has like 10 convictions, I am not quite sure what for but I know at least one of them is a felony. He is currently in prison and they married while he was in and after only knowing each other for a couple of months. He is suppsosedly having a court date this month but she says they are trying to get it postponed until after he is released. I was under the impression that the US government was really cracking down on immigration cases. I want to know what marriage does for someone with a criminal record like this. Will it be postponed? I would think they would just deport him after his sentence is served. Will marriage keep someone with an extensive criminal record in this country, even is it just for a while or does he have no shot? I want to prepare my friend for the worst because she is getting her hopes up based upon what this guy says.
1 Answer from Attorneys
Re: Marriage and deportation
A great deal of this case will depend on whether or not the marriage is real, or bona fide. Another major factor on whether or not the government will be successful in deporting him will be whether or not his state criminal conviction translates to an Aggravated Felony or Crime of Moral Turpitude, both of which have extensively complex definitions forged by years of case law and statutory interpretation by the USCIS, DHS, DOH, EOIR, BIA, and the Federal Courts.
It is impervious that you contact one of our Deportation and Removal Litigation Attorneys to determine if your friend qualifies for any type of relief from Deportation and Removal.
We can also work with his previous or current Criminal Defense Attorney as well as the local Prosecutor's Office to determine if he qualifies for any relief from Deportation.
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