Gurus please answer ASAP

[linuxgeek]

A friend of my in Houston,tx was arrested last may for assault and bettery.
The prosecutor gave him a plea bargain which he rejected,(1yr probation, 80hrs community service).Some people advised him not to take the deal because of immigration consequences when he applies for greencard.
Him and his wife fought ,when the police came ,he was arrested and locked up, few days later family members including his wife bailed him out.
He does not have residency papers(I him told that he was lucky, because in Texas they sometimes call INS for you b4 u get out of jail for deportation if your are an illegal alien)
But anyway, the wife has changed her initial story to the police which they rejected that he hit her first b4 they started fighting.She does not want him to go to jail and posibly deported after that.They had a baby last month.
She told the prosecutor that she claimed he hit her first because she wanted him to be locked up.the guy came just september last yr.

My question, i think INS rule is that if u serve 1yr or more in jail will make it a deportation case?
His trial starts on tuesday pls help.

 

[Jim Mills]

Does he have a lawyer? Is the lawyer aware of the possible immigration consequences?
He definitely needs to get a lawyer if he doesn't have one yet. Domestic violence issues can be quite tough.
The rule is actually not so much the time a person would have to serve, but rather if the maximum penalty is 1 year or more imprisonment, then it would classify as a CIMT (crime involving moral turpitude), and that makes a person deportable. That's why it is important to have a lawyer and have the lawyer know about the immigration consequences.

Joe's right. There are many things that go into a determination of whether something is a Crime Involving Moral Turpitude, an Aggravated Felony, a Crime of Violence, a Domestic Violence Crime or some other category. Then it is necessary to determine if the crime is subject to some exception or what needs to be done to avoid or minimize immigration consequences. I've done many of these cases and I can tell you that most criminal attorneys do not know the intricies of immigration law.