My husband is not a US citizen and is in jail for failure to appear, what will happen?
My husband is in a city jail for failure to appear from about 7 yrs ago. He been in since Monday and he goes in front of the judge in the morning for bail hearing. The part that scares the crap out of me is he not a US citizen. People say technically he is since we are married but I'm not sure how true that is. Can you give me any advice.
Elisha Garcia
The first determination will be the charges against him and does the judge consider him a flight risk or a danger to society.
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The first determination will be the charges against him and does the judge consider him a flight risk or a danger to society. The problem here is that he has a failure to appear which is exactly what the judge will rule on. Our guess is no bail. Being married to a US citizen does not automatically make you a citizen. The courts will contact Homeland Security to see if his immigration status is in jeopardy. We are afraid that your instincts might be spot on, and your fears might hold true. The current climate in this country is anti-illegal immigration and we are seeing more and more detainees deported after their sentence.
https://www.inmateaid.com/ask-the-inmate/my-husband-is-not-a-us-citizen-and-is-in-jail-for-failure-to-appear#answer
Accepted Answer Date Created: October 29,2015
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This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice.
Last reviewed April 2016.