It is not neccessary but in my experience really helps. What you need to remember is that in order to succeed in a B-2 tourist visa application, you need to demonstrate strong ties to the home country.
To self-petition through employment, you must be either (1) an individual of extraordinary ability in the sciences, arts, education, business or athletics, commonly known as EB-1; or (2) obtain a National Interest Waiver (NIW).
Both are complicated and have strict requirments. I suggest you consult with an experienced immigration lawyer to determine if you qualify. You generally should be highly qualified and/or recognized in your field.
Generally, if he is not issued a bond by the criminal magistrate/judge, he will have to wait until his criminal case is completed. Once he is released from criminal custody, either on bond or the conclusion of his criminal case, ICE has 48 hours to pick him up, assuming he has a detainer. The frist opportunity for his release from ICE will be when they pick him up. If they do not release him on a bond/ankle bracelet/recognizance, then they will likely transfer him to one of the ICE detention...
All you're doing is betting on more than one horse. First one that gets you to the finish line will work just fine. Generally 'no' on working on EAD based on a denied petition.
Ricky Malik, Esq.
There's no doubt all my colleagues are 100% correct that it is time to hire an atty. That being said, you obviously posted here for some guidance and the first question all of us will ask is: "Why was s/he issued an expedited removal?" So may as well some answers ready. You can try to have your family member do a FOIA with the CBP or if this happened recently, have that family member or the attorney you are going to hire call the CBP at the airport and try to determine why expedited removal...
There is no new law, but the category in which you are asking has sped up significanlty, whereby the Dept of State's visa bulletin is indicating that cases that were filed June 2010 are eligible for a visa (unless you are from Mexico). There is more to it than the way I have explained it, but in essence, if you have a spouse overseas and you are an LPR, file ASAP and with the help of a good lawyer, your spouse may be here in less than 6 months.
Ricky Malik, Esq.