Asked 4/20/2016 – Sulphur Springs, TX

A friend of mine was in process of divorce in 2013. He came home to his house for lunch and he noticed a window was broken in house. His wife had left the house 15 months and he did not see her or talk to her until that day he came home and saw broken window. As he began to enter, she pulled a gun on him and forced him to go in by holding the gun to his head. He wad shocked to see her in his house, especially because she had a gun. She immediately called sheriffs office and told them to come out to house. 4 sheriffs came. 2 sheriffs talked to her inside and two took my friend outside. They handcuffed him, put him in back of car, took him to their office and charged him with 2nd degree felony burglary of habitation aggravated assault with a deadly weapon. She lied on police report and told officers that he shook her violently, he did not do that. She had the illegal gun. She said that he had no authorization to be there and it was his house. There was another person in house with her but she told him leave before sheriffs get there because it was her x husbands home. So he went outside. The sheriffs wrote everything she said in police report but when my told them it’s his home

Answer

If you are not charged with an offense, YOU cannot fight anything; your friend has the fight ahead of him. The deportation is the first hurdle, and I have a case similar. My client was arrested for a felony, was in the country legally but was unable to renew his visa due to the pending felony. We can’t have a trial on his criminal case until he can appear in court, so we must clear his return to the United States with Immigration. The case has been pending since 2013. Get an immigration attorney to help with his return, then he can set his criminal case for trial. This is all assuming that he did NOT enter a plea or was already found guilty on the criminal cases. If he has already been found guilty, it may be too late.