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?


Asked on 7/17/08, 11:59 am

1 Answer from Attorneys

Shahla Khan Law Office of Shahla Khan PLLC

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

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Answered on 7/17/08, 12:50 pm


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