Copiague, NY Immigration Law Firms & Lawyers

You will need to file a form to correct the EAD card, and likely you will have to pay the filing fee again, if you really want to have the bames match.

All of these charges, combined, sound bad for adjustment of status. Assault with a deadly weapon, alone, creates a rather high odds of deportation. The outcome of the immigration process will depend on whether your husband gets convicted on these charges and, if not, what plea agreement his defense attorney can negotiate. Negotiating a plea deal, many criminal defense attorneys are concerned mostly with getting the client no jail time. In your husband's case, it is more important that your husband does not end up with a conviction that will disqualify him from receiving a green card and result in deportation. Make sure that your husband's attorney knows and understands this concern. It is a good idea for your husband's criminal defense attorney to discuss the possible plea with your husband's immigration attorney before taking the deal. Another point is to resist temptation of posting bail. If there is an ICE hold, and you pay the criminal court's bail, your husband will not be released. Instead, he will be transferred into ICE custody. Why is it bad? ICE can transfer a detainee to another facility at any time. In New York, detained aliens get moved first to Lord's Valley, PA, and then to Texas or Arizona. Conditions in those immigration jails are such that some of our clients asked to stop fighting and get deported, just to get out of those wonderful places. It also is much more difficult to defend a case in an immigration court in Texas or Arizona, when all the witnesses who could testify for your husband are in New York or New Jersey. Not all the detainees get shipped out of state; but do you really want to take chances? If ICE moves your husband to another state, he will not be able to come to the criminal court on the appointed date. More often than not, the bail posted with the criminal court gets considered breached; so you lose the money. Worse, the criminal charges will remain unresolved, and a very difficult situation will develop: Immigration will keep your husband locked up because there will be unresolved criminal charges against him; and the criminal charges will stay unresolved because your husband would be locked up and unable to come to the criminal court. This is one of those situations that are easier to avoid than to fight. If you do not post the criminal bail, your husband will be in state custody and ICE will not be able to grab him until the criminal case is resolved. The money you would sink into the criminal bail will not secure your husband's release, and you will need them for defense against the criminal charges and in the deportation proceedings. Try to explain this to your husband, as well as that, although it sounds strange, he is better off in state custody.

You can file petition for them after you turn 21. Then you need to know if they entered the US illegally, they cannot adjust status in the US. Please consult with an immigration lawyer for advise.