Hello, My Husband plead to a felony: exhibits firearm in presence of a peace officer, He was in state prison for 13 months. He was just release, but the INS had a hold on him. He was taken into custody in Arizona. He is charged with 237 (A)2(C) at INS. Is this considered a Aggravated felony? He is a legal resident for 17 years. I am a citizen and so are my children. What are his chances in receiving a bond? He is detained in Arizona. Does he qualify for any relief?? Please I need your help...

Sarah

-- Sarah Chilingaryan (gsgonch@sbcglobal.net), October 28, 2004

Answers

He is charged on the firearms possession ground, not an aggravated felony ground. Although some weapons offenses (like sale of firearms or possessing a machine gun) are aggravated felonies, most are not. You will need to get an immigration lawyer to research all the possible consequences of the conviction, since sometimes the INS does not charge all possible grounds when the case starts (but they can add new charges at any time before a case concludes). If the weapons offense is his only problem, he should be eligible for bond, and you may be able to do a new green card application for him and have him readjust his status to permanent resident in removal proceedings.

-- Michael Boyle (info@immigrantcenter.com), October 29, 2004.

Hi again, Thanks for your advise.

My husband was denied bond on the firearm offense. Where do I go from now. If my husband took the deportation and my country will not take him back and he gets released. WHat releif Can I apply for or petition for him to re-apply for a greencard? Is this even possible?

-- Sarah (Gsgonch@sbcglobal.net), October 30, 2004.