Legal Question in Criminal Law in New York

Deportation for misdemeanor or violation by permanent resident
Last year I obtained a religious divorce and
religiously married another man. I am eagerly
awaiting my final divorce decree from NY State so that
we can be legally married. Meanwhile, my estranged
husband attempted to assault my "fiance" with a knife,
in front of me and our children. He also threatened
to murder him. We feel that the anger management and
the small fine the D.A. is considering is not
adequate. At the same time, I don't think that
incarceration would be positive in the long run for my
children. Is it at all possible that their father
could be deported? He has been a resident for about
eight years. He has not financially supported the
children in years and due to the order of protection
has no visitation rights. My fiance and I agree from
a religious and cultural standpoint that being back in
his country would improve him more than incarceration.
Has there ever been a case where a permanent resident
was deported for l

Asked on 4/16/00, 10:16 pm

Daniel Conti The Law Offices of Daniel A. Conti,P.C.

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Re: Deportation for misdemeanor or violation by permanent resident

Permanent residents can be deported for certain misdemeanor convictions, but it is clear that the DA

made your husband an offer which did not include

the possibility of deportation. Pleas and sentences are solely within the discretion of

the prosecutor and the court. You cannot choose your

husband's punishment.

Answered on 4/25/00, 7:30 am

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