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How can I get my fiance out if he has a immagration hold?

Memphis, TN |

Me fiance had to go to court yesterday for a traffice violation and while he was there he got took into custody on a arrest warrant for another city. They said he missed court. I went to pay the bond and they said that the bond is 750 but if I pay it he still won't be allowed to leave because he has a immagration hold on him. We were planing on getting married the 30th of this month and it wasn't for a green card. He is the love of my life. We have no kids because I've had two tubals and am inable to get pregnant. We are in memphis tn and he is being held in bartlett tn. They said that until the 750 is paid he2 won't go to immagration but when he does go it will problebly be 5000 bond.. we don't have tha kind of money is there anything I can do to bring him home for our wedding on the 30?

Attorney Answers 4


You need to retain an experienced immigration lawyer to review all the facts and advise you accordingly. An ICE hold means ICE will most likely place him in deportation proceedings.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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You really need to consult with an immigration lawyer. Not enough facts to answer this. I'm assuming he entered the U.S. legally but don't know how long he's been here. His state bond of $750 costs $100 with a Memphis bond company. You can then show ICE proof of the length of your relationship and plans to marry. This request of ICE to reduce his bond must be made within 2 days of posting the state bond. Otherwise, he'll be moved to FDC Oakdale, LA. ICE bonds are cash, no 10% premium payment. If the bond is too high with ICE, your lawyer can request a bond hearing before an immigration judge.
You must consult with immigration counsel to really analyze and evaluate your fiance's situation.

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As my colleagues stated, it is best to contact an attorney who is familiar with immigration bonds and the ICE office in your area. Generally, however, you are correct. The $750 bond is paid, you will still have an immigration hold to deal with. Since it appears as though an ICE bond has not yet been set, an attorney can likely provide information on your planned marriage and length of your relationship/cohabitation and attempt to work with ICE to have him released with a lower bond or even, perhaps, with no bond at all. If your fiance entered the country with a visa, he may be eligible for an adjustment of status to that of permanent resident. If he entered illegally (wasn't inspected or admitted by an officer), you have additional concerns in how he can become legal or whether he can remain here under prosecutorial discretion. There are many free or low cost providers available in the Memphis area to assist you. I have included a link to a list of these providers below. I hope you are able to resolve this so that you may enjoy your holidays. All the best.

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You may need to postpone the wedding to allow the criminal (traffic) cases to resolve. THEN he will go into ICE cusotdy (if they are interested in him). Only after ICE has him will they process him and decide whether or not to get a bond. If "no bond" the judge at Oakdale Louisinana may bond him after a hearing. I would think it best to hire an immigration attorney. We have an office in Memphis and practice in Oakdale, LA...

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