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Old 01-08-2004, 04:45 PM   #1 (permalink)
Savannah
 
Posts: 1
Default Usc Husband In Jail...advice Please!

Hi everyone,

We are in serious trouble and need help. My husband (USC) and I got
married in 2002 and filed for my AOS on May 2003 in NYC. I have received
my work permit am working and things were going well until the beginning
of this year.

My husband got arrested for assault (fight in a bar) in early january.
You can normally get bailed out of jail while you fight that charge
but he was on probation for a previous assault. He had 1 1/2 yrs left
of probation on the previous assault case that took place 5yrs ago.
They have refused him bail and he has to stay in jail until the matter
is resolved.

I need to find out from the lawyers or anyone with this experience how
this will affect my immigration case.



1. Do I have to notify the my local immigration office about this
incident?



2. What if this is not resolved (and he's still in jail) by the time I
get an interview appt. Can I go to the interview alone?



3. Will this affect my work permit renewal? I need my job now more than
ever to pay for his lawyer fees.



Please help with any advice.



Thanks,

Savannah.

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Old 01-08-2004, 07:00 PM   #2 (permalink)
Elenfair
 
Posts: 163
Default Re: Usc Husband In Jail...advice Please!

*bump*



I don't have the answers to your questions, but someone here should...



Anyone? Legal Beagles? Great Golden Retrievers?



Anyone?



     E.

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1st NOA Feb. 19, 2003
2nd NOA Sept 12 2003!!!


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Old 01-17-2004, 04:58 AM   #3 (permalink)
Michael
 
Posts: 331
Default Re: Usc Husband In Jail...advice Please!

Elenfair <member9538@british_expats.com> wrote in message news:<>...
    > *bump*
    >
    >
    >
    > I don't have the answers to your questions, but someone here should...
    >
    >
    >
    > Anyone? Legal Beagles? Great Golden Retrievers?
    >
    >
    >

Why would immigration care if your husband was arrested ? They can't
deport him. He will be given a slap on the wrist and released in a
few weeks. The average murderer spends 1 1/2 years in jail, you think
an assault conviction will really matter ?

THE REAL ISSUE IS THIS: WHY ARE YOU WITH SUCH A LOSER
??????????????????
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Old 01-17-2004, 05:41 AM   #4 (permalink)
Dad Of 3
 
Posts: 84
Default Re: Usc Husband In Jail...advice Please!

Savannah:



I think the best thing to do is for you to get in touch with an
experienced immigration attorney. If cost is an issue, there are many
opportunities to get good representation at a reduced fee or pro bono in
most areas. The key is looking around, calling legal aid, calling
Catholic Charities and calling the bar association of the state and
county/city you are in. These people will be able to help you find some
resources to address your specific problem.



Dad of 3

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Old 01-17-2004, 06:15 AM   #5 (permalink)
Mrraveltay
 
Posts: 481
Default Re: Usc Husband In Jail...advice Please!

Michael wrote:

    > Elenfair <member9538@british_expats.com> wrote in message news:<>...
    >
    >>*bump*
    >>I don't have the answers to your questions, but someone here should...
    >>Anyone? Legal Beagles? Great Golden Retrievers?
    >
    >
    > Why would immigration care if your husband was arrested ? They can't
    > deport him. He will be given a slap on the wrist and released in a
    > few weeks. The average murderer spends 1 1/2 years in jail,

Where did you get this information?
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Old 01-17-2004, 09:07 AM   #6 (permalink)
Folinskyinla
 
Posts: 4943
Default Re: Usc Husband In Jail...advice Please!

Originally posted by Savannah

    > Hi everyone,

    > We are in serious trouble and need help. My husband (USC) and I got
    > married in 2002 and filed for my AOS on May 2003 in NYC. I have
    > received my work permit am working and things were going well until
    > the beginning of this year.

    > My husband got arrested for assault (fight in a bar) in early january.
    > You can normally get bailed out of jail while you fight that charge
    > but he was on probation for a previous assault. He had 1 1/2 yrs left
    > of probation on the previous assault case that took place 5yrs ago.
    > They have refused him bail and he has to stay in jail until the matter
    > is resolved.

    > I need to find out from the lawyers or anyone with this experience how
    > this will affect my immigration case.


    > 1. Do I have to notify the my local immigration office about this
    > incident?


    > 2. What if this is not resolved (and he's still in jail) by the time I
    > get an interview appt. Can I go to the interview alone?


    > 3. Will this affect my work permit renewal? I need my job now more
    > than ever to pay for his lawyer fees.


    > Please help with any advice.


    > Thanks,

    > Savannah.



Hi:



Consult with an immigration lawyer knowledgable in LOCAL procedures.



1. Not yet -- but will have to give a reason why he doesn't show up at
the interivew.



2. I recommend you go with a lawyer.



3. It shouldn't.



I have a feeling that this will delay your case if he can't show up at
the interview. In a weird sort of related way, LOS just resumed AOS
interviews and damn if the first I get is where the US citizen spouse
started the Police Academy the day before the interview and is only free
to go home at night -- we asked for a postponement of the interview --
US spouse had been waiting for three years to get the appointment!

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Immigration &amp; Nat. Law
Cal. Bar Board of Legal Specialization


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