Legal Question in Immigration Law in New York
my boyfriend is from Italy and overstayed his vistors visa by 3 years. He was arrested 2 months ago for possesion of marijuna and cociane. I couldnt pay the bail so he was transferred to the got county jail. We just got married in the jail and are awaiting his criminal hearing next month. My question is will he
be able to get out of jail and not have to go into an immigration jail while awaiting his notice to appear(for immigration court) if he gets his charges dropped or reduced?
also my family doesn't know that we got married as they woudln't be too happy and i live at home right now...will immigration come to my house or look to speak to my family about us?
2 Answers from Attorneys
Your husband will not be allowed to walk at the conclusion of his criminal trial and/or after serving his sentense. Because he has an ICE hold on him, he will be transferred to the ICE custody.
Immigration Judge can also set up a bond, however, it can be expected to be even higher than in his criminal trial. If a judge sets a bond and you have the money, then yes, he can be released and allowed to wait for the decision of the Immigration Judge at home. Otherwise, he will remain in jail. If a boyfriend came on a Visa Waiver from Italy, it looks he doesn't have many legal options at this time.
No, Immigration services will not visit your home or talk to your parents.
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No, immigration authorities will not visit your home.
as far as other legal questions - immigration might release your boyfriend only on bond, and that is not certain because he has a criminal background. But since you are married, he might have a chance.
his subsequent legalization will depend among other things on whether he came with a visa or on a visa waiver program.
should you need further assistance, please contact our firm.
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