Immigration Law

If you are not a citizen of the United States then, yes, you can be deported even if your spouse is a green card holder (Lawful Permanent Resident) or a US citizen. But, your spouse may be able to petition for you so that you can obtain permanent status in the United States and be safe from deportation.

In order to apply for citizenship, you must be a Lawful Permanent Resident (green card holder) for 5 years. However, if you are married to a US citizen then you can apply after only 3 years.

You may be able to get a work permit, depending on your circumstances. For example, maybe you have a family member that can petition for you. Maybe you have been the victim of a violent crime and your testimony helped in the prosecution of the criminal. Or, maybe you have an order of deportation but have been allowed to stay in the United States. All of these scenarios may permit you to obtain a work permit. Whether or not you qualify for a work permit is very dependent on the particulars of your case so please speak with an experienced attorney before filing any applications.

If a family member or loved one is arrested by ICE, you should hire an attorney to assess the situation. You should also obtain as much information as possible from your family member when he or she contacts you. Ask them for the name of the detention facility where they are being held, ask them for their “A number” which is usually typed on a plastic bracelet assigned to them, and ask them if they’ve been told of any future court hearing date.

Many immigrants detained by ICE are eligible for a bond, but they usually must first request one from a judge. They must prove that they are not a flight risk and that they are not a danger to the community. It is important to have evidence to support any claims made.

In order to apply for citizenship, you must be a Lawful Permanent Resident (green card holder) for 5 years. However, if you are married to a US citizen then you can apply after only 3 years.

If you are scared to return to your home country then you may be eligible to file for Asylum. Asylum is a form of protection that the United States offers to persons that have been or will be persecuted based on race, religion, nationality, political opinion, or a particular social group. Applications for asylum should be filed within one year of your arrival to the United States.

A charge for DUI (driving under the influence), even if only a misdemeanor, should be taken very seriously. A DUI is not in itself a deportable offense but may result in deportation proceedings or the loss of immigration status. Please consult with an experienced attorney before entering into any plea agreements that may result in a conviction.