hi. recently i received some very bad news from my finacee that's currently in a correctional institution. it seems when he last met with the parole board to review his case on whether they can let him out sooner or not, they told him he will be sent back to his birthplace,mexico once his time is up. i've been trying to read the messages already posted on this site but still have some questions. See,he is actually in jail for 4th degree sexual assault and this is 2nd time being in there for that. my friend says that he can probably ask for a pardon. is that so? also, would us getting married have any effect on him being able to stay? i really don't want him to leave. :( i thank u in advance,for any help u may provide.

He can try for a pardon but getting it granted will be a chore. Unforunately getting married will not help him stay. People who have been married for years get deported. I wish I had some better news for you but I do not. Since I do not know his whole story I cannot help much but if you like you can PM me or post other questions you might have. I also suggest contacting an immigration attorney.

hi again. thanks bella for replying so quickly. yea that is basically his whole story. he went to jail back in '99 for having sexual contact with a 16 year old (he's 26 now) and then went he got out he was put on probation and wasn't supposed to be driving a vehicle or drinking and he did them both and then to top it off he got involved with that girl again and got arrested again. we were planning to get married in the jail last year but it would've been easier to wait until he gets out since he's not gonna be in there that long. (he was sentenced for 5 years and this is his 2nd year being in there) he has to see the parole board again in a year and it appears they will let him out then instead. i was hoping that with the pardon they would see how good he's being and that he learned from this and not send him away. we don't even have any kids together so we can't play that card even if we could. does anyone else have any ideas what i or he can do?

can someone please tell me where i can get more info on getting a pardon? also would he be able to come back to the states some day or are deportations for good? thanks :)

As for if he can come back it depends on the deportation order. Sometimes it is a 10 year ban sometimes less sometimes more. However, whatever the ban he would have to apply to come back here and unfortunately they very rarely grant it. As for the pardon check out the legal forum here and make a post there aswell. I'm sure you'll get the answer your looking for.

Well my husband has been in for 2 years now and we have another year to go, and then he will be deported to Mexico. We are married and that doesn't help him one bit. As far as a pardon, it really has to be something minor in order to get it. You can get an immigration attorney, but beware there are alot of flukes out there who will just take your money and tell you he'll be able to keep him hear or he will be able to get back, when they know he really doesn' t have a chance. This is my husband's 2nd time in jail, being deported and coming back into the U.S. His attorney told him if he comes back again, he takes the risk of getting 20 years, so we are not taking that chance. He willl have to live in mexico and I will have to reloacte evenutally in order to be with him. I'm just sharing myown personal experience, yours maybe different and you might have better luck, but from what I've been through, they really have no sympathy for illegal immigrants. My huband's only crime was being here illegally and re entering once deported and he got 3 years. Anyway, I don't mean to damper your hopes, just don't be a believer of the first person that tells you he'll be allowed to stay. Make sure you check with several sources first. Good Luck and I wish you the best. I'm in the same boat. :) Izzy

Was your husbands charge illegal re-entry and that's why he got 3 years? Is he in a federal prison?

Yes, illegal entry and living & residing in the US knowingly against the law. We lived in the same house, so it was on record where he lived before. yes he's at FCI Terminal Island right now. First he was just taken at the state level, for the illegal entry, after he was there for a year, they took him back to the federal court for the living and residing charge. That's where he got the extra time. Originally he was charged 3 years, but in the state was only going to do 1/2 time, but then at the federal level he got charged another 3 years, but the sentence ran concurrent. I know, too confusing, but he's done 2 years already and his out date is July, 2004. Thank god. It just amazes how the state and federal don't talk to one another. Why they didn't just charge him with everything at one time, He would of been out last December. Oh well... :) Izzy

what about appealing due to hardship? i read somewhere if it's going to upset his family too much they would consider letting him stay. he doesn't have much family here it is affecting me a great deal.

I think they're definition of hardship would be if he was the sole provider in the family, or if there was a serious medical condition and he would be the caregiver. I have a job, a house, and kids, and am perfectly healthy, so I can't really say I fall into the hardship category. Maybe you do, but even if that's the case you have to fight it for yeears and they'll detain him while it's being disputed. Immigration can hold him indefinetly as long as there is an issue to resolve, that's why my huwsband just signs the voluntary deportation. He gets transferred from the prison to the immigration holding cell and released that same day. Anyway, I hope this info helps at least. It's not easy fighting against immigration, they're worse the the prison system. Good Luck. :) Izzy

hi ladies, i have been reading some of your posts and i am in the same boat you all are. my brother is currently serving state time for grand larceny he is scheduled to get out december 1,2003. i did find out immigration has a hold on him but he has been served no papers at this time. he came to america legally when he was 3 but his crime of grand larceny falls under aggrevated felon under immigration law. what i want to know do they come to the jail and serve him soon or do they wait untill he is released and if you are a crimnal i know it is immitate detention and how long do you wait then to be deported. well thanks for your time any help will greatly be appreciated. thanks julie

Izzy we are in the same boat my man was deported and was cought passing the border again, he had served 5 years the last time he was lockedup,he was charged with domestic violence with his ex, and also violence with a police officer but now,they cought him for reentry and becouse of his past record it's affecting him on this time and now his been there for 1 year now he has 5 years more to go I think it's so unfair becouse they brought the violence case with the cop and he has to serve time for that crime again.and to top it off he lost the appeal,is there something I could do? to fight this appeal I WANT TO HELP HIM SO BAD we were making plans to be together I met him when I went to ciudad juarez on vacation I'm from chicago and he used to live in el paso texas before he got lockedup the first time but was deported when I met him,that is why he was in juarez mexico.!please somebody help me ! I WANT HIM TO FIGHT THIS CASE why does he have to pay for the same offence twice?now he is serving time at fci la tuna near el paso texas I wish they would just send him back to mexico. can anybody tell me if he could get a pardon?and if so how?or who can I talk to about him loosing the appeal,and to fight this to the end. please forgiveme for this long letter I don't mean to bored anybody ,I JUST NEED HELP,THANKYOU......

Your Babe, I know it all seems so unfair how they treat the illegals. They don't have any rights and they don't really seem to care how much time they do or what happens to them. I think in order for you fight it, you need a really good immigration lawyer which is very costly and there is still no guaranttee they will be able to do anything for him. Anyway, I know how frustrating it is, that's why we've opted to just leave the country. We are just tried of it. Anyway, sorry I couldn't be of much help but at least you know you're not the only one dealing with this. Best of luck to you. :) Izzy

no izzy please don't say that you are not much help by taking time to reply you are helping, and yes now I know I'm not the only one in this situation,I just wish there was something else we could do to help our love ones and each other thankyou and may god bless you!

Your only hope is attacking the prior convictions

Hi everybody :) I'm new here and I have a question... my husband is a legal resident here, not a us citizen, his crime was not violent, but it was drug related, he got 3 years, he has an immigration hold, but he has been a US resident for more than 15 years, do you guys think it is worth it to get am immigration lawyer? or try to get a pardon... his family lives here, his mother, sisters ect... I don't know if any of that is relevant, PLEASE HELP :confused:

Hi everybody I'm new here and I have a question... my husband is a legal resident here, not a us citizen, his crime was not violent, but it was drug related, he got 3 years, he has an immigration hold, but he has been a US resident for more than 15 years, do you guys think it is worth it to get am immigration lawyer? or try to get a pardon... his family lives here, his mother, sisters ect... I don't know if any of that is relevant, PLEASE HELP

IMO I would contact an immigration attorney. A pardon is a possibility but a very hard one to achieve.

Thank you Bella, I think that thats what I'll do, I've been told that we have no chance of him staying, but we'll try...

yea. i would definately say it's worth a try. I'm doing the same thing. and i rather try to fight it and see what happens than to just move to mexico and never know if we could've stayed or not. I'm in the process of talking to an attorney that's based in california and hopefully he will be able to help us.

HI LADIES, MY FIANCE IS CURRENTLY SERVING A LIFE SENTENCE UNDER THE OLD LAW IN NC. HE HAS ALREADY SERVED 10 YEARS. HE IS HERE LEGALLY BUT IS FROM HAITI. DOES HE RISK BEENING DEPORATED? ANF IF SO WHEN?

It will all depend on whether or not the INS places a detainer on him. Also if he was sentenced before the 96 law went into effect he could possibly fight the deportation issue.

sr how do you go about trying to attack prior covictions

srparalegal
how do you go about attacking prior convictions that they have done time for. this whole immigration is crazy.