Hi,

I really need someones help. My husband (Jamaican citizen in US on Student Visa) was on probation for attempted poss. of a weapon , he then violated that probation when he was arrested for attempted poss. of drugs. He is now serving 1 1/2-3 years in prison for violation of probation and attempted possesion of a controlled substance. I looked into several deportation lawyers, and they all say that I need to get the attempted poss. of drugs off his record to even have a chance. They also said it will be very hard being that we don't have any kids and he's under one of the sections that someone can be deported for. The lawyers are asking for anything between $5,000-7,000...is it worth trying or will he just be deported anyway? What can I do for him right now and does anyone know of anyone who beat a case like this with INS or any case for that matter when facing deportation? Also, is attempted posession of a weapon an aggrevated felony, the reason I'm asking this is because the lawyers say he can not get a bond to be released if he has an aggrevated felony on his record. Any input will be helpful.

:)

hello, i am nnew to this deportation thing myself. my brother was convicted of grand larceny and recieved over a year in jail. he is scheduled to get out in 4 days then be transferred over to the ins. i will let you know what happens after that because he is considered an aggrevated felony himself.

Hi Julie35,

Thanks for the inpput, I'll be very grateful if you let me know wha happens with your brothers case. Good luck with the case by the way. Hope all turns out well.

trinidad1981:)

YEs it is considered an aggravated felony. Unfortunately most crimes, including possession of marijuana are considered aggravated by INS. Also having a citizen wife will not exclude him from deportation. He can however try to claim hardship and I definately suggest going with an attorney if possible. With out one winning one of these cases is very hard.

Hi Bella,

First of all, thank you for responding. Wow it is still considered aggravated even though it was an attempt of possession charge? I was wondering how can we try to proved hardship? Will it be hardship for me if he gets deported or hardship for him in his country...where he doesn't have any family members there anymore?

It would be hardship for both of you and the attorney would be the one to determine the points to address. I wish you both all the luck and my thoughts are with you both! INS is insane and tearing many families apart :(

WELL HI TRIN, BELLA,
MY WORST NIGHT MARE HAS HAPPENED . MY BROTHER WAS PICKED UP BY INS ON DEC 1 HIS MAX OUT DATE AND THEY TOOK HIM TO A COUNTY JAIL HE WAS THERE MON,TUES NOW HE IS GONE AGAIN AND I DON'T KNOW WHERE HE IS NOONE SEEMS TO KNOW ANYTHING . I GUESS I HAVE TO WAIT FOR HIM TO CALL ME. HE IS CONSIDERED AN AGGREVATED FELON FOR GRAND LARCENY WAS HIS CHARGE WE DONOT HAVE REPRESENTATION FOR HIM AT THIS TIME I HOPE THEY PROVIDE HIM WITH SOME. WELL I WILL LET YOU KNOW MORE WHEN I DO THANKS

I'll keep you and your brother in my prayers Julie35, keep me posted.

Hi! My name is Marta and I am new here but I am pretty much in the same boat with my fiance. He was born in Portugal but raised in the United States - he does not speak the language, know the country nor have any family or even friends there and he has an INS hold on him because he is not a citizen. He is in for drug traffcking which is also an aggravated felony - he still have about 3 years to go on his 5 year sentence and I have spoken the immigration attorneys and they all pretty much say the same thing - good luck - there is a BIG chance that he will be deported unless he can prove very bad hardship.... but what is that? Attorneys say he definitely needs to be represented once he is about 3 months from getting our of prison - so we will wait and see what happens - but they have all suggested and say he definitely needs an attorney otherwise there is no chance - I know how you guys feel - it's an awful feeling to think that after all this time apart he will be taken away - I was born and raised in the US and all of my family is here and I have a 4 year old son and I know nothing about Portugal and could not see myself living there but I don't think I am going to have a choice if we want to be together. If you guys here of anything I would be so grateful if you would share and likewise anything that I find out I will too - they did tell him that INS has until the day he is to let lose from prison to pick him up but like your bro Julie - it probably will be the last day - than they say he will be taken to another prison and than transferred to the INS prison which is actually pretty close to where I live. Well anything you here I would love to know and good luck to all of you and my heart is with you....

thankyou you are a kind soul i am grateful that i am not alone in this thing. well i did find out ins took him to lousianna taneasa parish detention he has not called yet . i really can't imagine what he is thinking doing time in doc now having to be locked up again it's just not right . well i will keep you posted on the process as we go through it. thanks to all of you who share in your kind thoughts of us , please pray something good comes out of this very bad situation god bless julie

Julie - what country are you from (your brother) where would they deport him to?

Hi Marta,

I am so sorry to hear about your situation. I do understand what you are going through because my husband is in the same situation and I too do not want to move to his home coountry of Jamaica but it looks as if I would have no choice if they do decide to deport him. He also doesn't have any family in Jamaica, so I don't know what we're going to do if this happens. I'll pray for you.

Someone please help,......i have a question...my husband was not a us citizen before he was convicted. His charges are Robbery and neglegence with a firearm. I married him while he was in the county jail and i am a us citizen. Will they still deport him to his country? HE is from armenia. Also, he is under the im pression that a few months before his release date the ins will call him for a court date and he said they dont have a case because he is married to us citizzen so they willl just let him go, is this true???? PLease some one give me direction, im so confused.

Unfortunately he is incorrect. Wether or not they will try to deport him can not be determined until they place a detainer on hin. But being married to a citizen is no longer a reason to be free from deportation proceedings. I'm sorry and I know that is not what you wanted to hear! Could he try to get political asylum? Not sure if Armenia has any "war" issues going on.