12-10-2011, 06:45 PM
I need help please as much as possible. My boyfriend is sitting in county jail right now. He went in this past Monday for a simple PI. He was sentenced to 30 days. In Indiana he only has to do 15. He committed this new charge while on probation for a felony OWI. He recieved three years on probation. He would have been off probation in January. He has been in the United States for 20 years. He also had a driving while suspended in 2001 which was a misd. A domestic battery in 2006 which was a criminal misd. A operating a vehical with unlawful bac in 2006 that was also a criminal misd. Another OWI in 2006 crminal misd and a resisting law enforcment criminal misd. Two infractions for driving while suspended in 2006. In 2007 he was charged with driving while suspended during a felony or misd suspension. He got a prior conviction while intoxcated within five years unsafe move lane to lane and operating while suspened in 2008 this was a miscellaneous criminal. Then came his OWI in 2008 which like i said above was a felony. I am not sure what to do. I am asking what to do or what could happen to him. I dont want to see him deported back to mexico. Could he be with all of these charges he has? If we got married would it help him any? I really dont have the money to get a lawyer I was given a site or reduced fees but there was non in the state of indiana. I am lost on what to do. I need some feedback on what is gonna happen, could happen, and what to do for him. Please help. Also he has three children here in Indiana. He does have family here also. He has been working at his job for almost 20 years. He came in illegally. He does not have a green card or anything. He has been married and divorced once since he has been here. He also has family in Mexico.
12-11-2011, 08:53 AM
The simple answers are yes, he can be deported, and no, him being married won't change anything that could happen.
His best chance was to obey the laws. Since that's not happening, there's no guarantee that he'll be deported, but you might want to start weighing your options.
Best of luck
12-20-2011, 12:01 AM
Based on what you have said, I would highly doubt that he will be able to get out of the deportation. He could try to fight it and contest the deportation proceedings, but this will take a long time going through the various court processes. Most of the time people that are in the USA illegally have to go back to their home country anyway in order to complete the immigration process through the legal route. They will have to complete a lot of different paperwork and eventually have a meeting at the embassy (usually in Juarez) in order to determine if they will issue a VISA. With his criminal record this will be nearly impossible. Was he convicted of all of these charges or just charged with them with later dismissals? Possibly if these charges had been dismissed then he could have a chance. If he was convicted, then deported, then if he tries to get back into the country illegally he stands the chance of doing some prison time for illegal entry after deportation.
12-20-2011, 06:33 PM
yes some of these charges have been dismissed after he was charged. i am not really sure what to do or what is goin to happen to him. if u need anymore information let me know and i will answer back as soon as i can. thank you.
12-20-2011, 07:03 PM
My man has a very complicated case involving a felony and his visa is expired. So he is in Federal Detention awaiting sentencing for his criminal issue and he also has an immigration hold. His criminal lawyer said there is a 0.001% chance of him being able to stay in the U.S.A. I hired an immigration lawyer for a consultation which was $250 and she gave us some good information, so maybe you want to do that and at least see what you can find out. If you need the help of an immigration lawyer it's going to cost a lot of money so start thinking about how you can afford that. Second mortgage, borrowing from family members, etc. It's not totally hopeless if his offense isn't an aggravated felony and he does a short amount of time. But you need to talk to an immigration lawyer right away.
12-21-2011, 02:24 PM
My ex-husband had a long history with the law and his permanent resident card expired. He never got a new one even after we submitted the renewal and paid the fees. He landed back in jail and ICE had him even while other state charges were pending. He contacted a pro bono lawyer here in CA as part of a UC Davis program. His mother kept asking me for income taxes. Our marriage and divorce certificate, and anything proving we paid the renewal fees. Since I was pregnant and super busy I had a hard time finding the docs. However, his lawyer called me directly we started chatting, I helped her out with his case. I ended up going to his court proceedings with our son and his step daughter (my daughter). HE BEAT the deportation and has no papers I think. But he got to stay. Get a lawyer miracles do happend. My husband on the other hand was sentenced to 15 month re entry charges and did not fight his case as he wanted to be out before the birth of our daughter. That of course did not happen. :( Keep praying and do all you can to fight it.