Legal Question in Immigration Law in New York
My boyfriend is currently being held at mdc. he has been there for almost 6 months, he is being charged with gang assualt 1st degree b felony. and also by immigration. we been together for 3 years and have a 8 month daughter. if he takes a plea bargain for 2years in jail and 3 years porbation, can we still be able to fight his deportation? and will he serve his probation here?
2 Answers from Attorneys
If he is convicted for a crime involving moral turpitude, he might face deportation. However, your husband might apply for cancellation of removal or other relief, if he is qualified.
We suggest you to consult with an immigration attorney.
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I would need more information regarding your particular case before I could comment on it properly.
However, what I can say is that once your boyfriend was arrested his immigration case will be looked at with the arrest in mind?
Even though your boyfriend has a child, you are also in the child's life and your boyfriend is not the child's sole provider.
Your boyfriend will have to fight his deportation by putting all arguments before the immigration court.
Patricia Martin-Gibbons