Legal Question in Immigration Law in New York
immigration hold
hello. My boyfriend is in jail being
charged with a C felony, drug
possesion. He came into the country
with a visa which expired and had
been here for almost a decade or so.
We have found out that he currently
has an immigration hold? What can
happen? Is he going to get deported
after his case closes and he serves his
sentence? What if we get married, can
that delay or even cancel deportation?
1 Answer from Attorneys
Re: immigration hold
If he has an immigration hold ICE will initiate immigration proceedings. He will then have to apply for a relief which could be green card application based on your marriage. He has a drug possession charge so he will have to apply for a waiver provided he is eligible for one. You need to talk to an immigration attorney in person so he/she can review the possession charge (nature of drug etc.) and determine an appropriate relief.
Good luck.
Shahla