Help with fiance with possible deportation

Asked on Jan 06th, 2019 on Immigration - Georgia
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My fiance who is currently incarcerated and being held on a bench warrant for simple battery family violence with no bond so I dont have the option to bail him out.. he has to wait to go to state court. My concern is that with him being illegal and the nature of the charge and it being in state court I was told before he would be released after going to court that he would definitely get a ice hold and be deported. So my question is what would be my next step to help my finance with these proceedings. I am a us citizen and thought just of marrying him since we had already set a date for June but I dont know what I need to do or where to proceed from here..
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Answered on Jan 29th, 2019 at 6:41 PM
Your fiancé should get himself a good lawyer for the criminal charge as a conviction for domestic violence would bar him forever from the United States. If the charge is dropped or changed to one not  involving domestic violence, he would have the ability to present whatever equities that he has in front of an immigration court as long as he does not already have an order of removal. Even if he has an order of removal in the past or in the future and is removed, you could still marry him and you can both file for waivers of unlawful presence (I-601) and deportation (I-212) while he is in his home country. Hopefully the waiver applications would be approved. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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