USA born citizen & my spouse was removed

[615rolandin]

My spouse of 16 years, who was here legally was removed in Oct. 2013 for a class B felony. He was on probation, because of the surrounding circumstances. Never was sentenced for jail time. Almost a year later, he was picked up by ICE, taken out of state and removed four months later. He had a s.s.# and a permanent resident card that was good until 2018. I do not understand how and why this happened. Why did ICE take two years to arrest him, after he had been tried ? They never called, nor sent any type of forms to our residence ! It seems his rights were violated, how can someone be tried twice for the same offence and have their case never looked at, before removal ? This was a very rare case, with no justice. Please help, as I don't know what I can do legally.

 

[del0175]

Permanent residents can be deported for felonies. Are you sure that there was another crime(s) that he committed and did not tell you about them? You really need a lawyer at this point because no one here can do much without knowing all the details. It is very hard to bring someone back after they have been deported. Why did he not file for citizenship much earlier? Being a green card holder puts you at risk for deportation.

 

[615rolandin]

Answer

Permanent residents can be deported for felonies. Are you sure that there was another crime(s) that he committed and did not tell you about them? You really need a lawyer at this point because no one here can do much without knowing all the details. It is very hard to bring someone back after they have been deported. Why did he not file for citizenship much earlier? Being a green card holder puts you at risk for deportation.

He has never been in trouble, not even a speeding ticket. He had his own business and paid taxes and never did drugs or drank alcohol. Baptized in 2006 and went to Church every Sunday. Did community work and helped the elderly, he did a lot of free charity work. But this is what happened :

He has a class B felony charge of attempted 2nd degree murder. To make a long story short, he shot my son whom was attacking me. My son recovered and did not press charges, it was momentary insanity. My family was mending then ICE picked up my husband and deported him after four months.