Immigration in TX???

[Mariposa01]

My husband was sentenced to 16 years for an aggrieved felony in TX he has served almost half (8 yrs) and is going up for parole next year. He did a "voluntary deportation" does he have to serve his full time or will they release him to INS custody. I am just trying to figure out how this all works and any help would be nice thanks. Oh and we are married and have a son together, does he have a chance at getting to stay over here, he has been here since he was a baby...again THANKS!!!

[FalseHopes]

Originally Posted by Mariposa01

My husband was sentenced to 16 years for an aggrieved felony in TX he has served almost half (8 yrs) and is going up for parole next year. He did a "voluntary deportation" does he have to serve his full time or will they release him to INS custody. I am just trying to figure out how this all works and any help would be nice thanks. Oh and we are married and have a son together, does he have a chance at getting to stay over here, he has been here since he was a baby...again THANKS!!!

1. The only way your marriage could save him is if it was before his conviction, also he must have applied for and granted Citizenship. Marriage to a Citizen alone is not sufficient.

2. Him being here since an infant is irrelevant, INS could care less. Due to the 1996 Immigration Law, signed by Bill Clinton, Judgement was removed from INS Judges. Essentially making INS Deportation, of Non-Citizens, a black & white issue.

3. Voluntary Departure is good if he is not eligible for any relief. It's much faster, and cheaper. INS will still come and get him. This will not affect/shorten his current sentence. He will still have to complete the sentence for his crime.

4. Having children with an American Citizen is also irrelevant.

Here are a few relief/defense:
1. There was a recent ruling by the Supreme Court that states, Criminal Attorneys now must inform Non-Citizens of the consequences of pleading guilty, accepting a Plea-Bargain. If his attorney did not, and he can prove this, he has a fighting chance to beat this.

2. There was another Supreme Court ruling that states if the conviction was on or before 1996, he can apply for relief from deportation. The crime must not be a serious crime (Murder, rape, etc.). Also.. the immigrant must be able to show long-term residence in the US. He must be in the US, and in Deportation Proceedings.

For more information on the possible defenses, look in my signature.

(i am not an attorney, but i went through a similar situation as your husband for over 10 years, but i recommend you consult with an attorney for a 2nd opinion)

[MandyMeMe]

Not too that if you have a aggrivated felony or serve over 1 year in prison you are not eligiable to stay in the US.