Non-Citizen Fiance Currently In NJ State Prison & Facing Deportation...

Hello Everyone,

I ran across this site while searching for any type of information regarding my situation and hopefully there's someone out there/on here who'll be able to guide me in the right direction. My fiance who's currently incarcerated in a NJ state prison (for robbery..7 years ago) & I are extremely worried that once his time is served (12 1/2 months to go) he will be deported back to India (the country he was born in.) The weird part is he and his family came here (the US) when he was 2 years old so everything about him and what he knows is Americanized yet he feels there's still that chance of him having to go back to a country he knows NOTHING about.

This is definitely putting a strain on our relationship for the fact that even though I have been there by his side this past year, I know I wouldn't be able to withstand such a long distance relationship nor will I want to uproot my life and leave my family, friends, and career "just for love". I'm not at all familar with any of the avenues I/we need to take in order to at least put up a good fight to keep him here in the U.S..

What should we be doing these next 12 1/2 months or who should we be speaking to about this issue? I'm in Virginia and he's in New Jersey so searching for a lawyer in NJ would be hard for me (but not completely impossible since his family resides there). His other two siblings (ages 29 & 24) and have since become citizens but I feel him being incarcerated will make it that much harder for him and once his time is served they will more than likely pick him up from the prison straight to a deportation facility.

Any & all information anyone can give me or what we should expect to happen once he is released would be greatly appreciated to us both...thank you in advance.

You need to have immigration counsel involved asap as he will most likely be deported if he is not a citizen. You will have to fight against that presumption.

Perhaps email world law privately to discuss as well--they may have some suggestions too.

[Jankaraman]

Why on earth didn't he file for citizenship b4 his legal problems? Immigration will definitely try to deport him unless he can show that he will be in some of kind of danger on arrival in India. You are not his wife so you really have no leg to stand on. If you really love him Marry him in Prison and when he is released negotiate with Immigration as to the period he is 'barred' from rentering the USA the minimum is 5years and it could be 10 or lifetime so make sure this is done before he lives for India. After 5 years file for him to come back as your husband in the meantime you can either go and live in India for 5 years and come back with him when he is eligible or you can be visiting India during the 5 year wait.