How can I keep My Fiance in The country?

Asked about 4 years ago - Middle River, MD

My Fiance was Pulled over last week for "riding the line" and after being pulled over he was arrested for driving without a lic. He has a $5000 bond for his traffic ticket, but he has a ICE Detainer for being deported 9 years ago. I am Pregnant and our baby is Due Dec28th. If I bail him out will this get him to INS court faster? or does INS Have a obligation to keep him in the country until his traffic court date on Nov 4th?

Attorney answers (2)

  1. Maria Fuster Glinsmann

    Contributor Level 14

    Answered . I'm sorry to hear about your situation. Here are some things to consider as you proceed in assisting your fiancee.

    First, ICE typically won't move on the detainer until the state charges are resolved or until he posts bond for the state charges. So, oftentimes, our clients will post the bond on the state criminal charges (or use a bail bondsmen to reduce the amount out of pocket). This will trigger the need for ICE to act on the detainer within 48 hours. Most Maryland detention centers have ICE officers in-house or that come on a daily basis.

    Once your fiance has posted bond for the state charges, then ICE will take him into custody and most likely transport him to Baltimore (31 Hopkins Plaza) for further processing. Your fiancees case may take one of several turns here.

    The first possibility is that if he really has an old deportation order, then ICE may determine he is not eligible to be released on bond. If he has an old deportation order, the order can be reinstated without a lot of due process and be placed on the next available flight.

    Another possibility, is that he doesn't have an order. He may have been in deportation proceedings and for some reason the proceedings were terminated or administratively closed. If this is the case, ICE may determine a bond. Bond amounts can vary in Maryland. A typical range can be from $6000 to $15000. There are bail bondsmen available for deport proceedings.

    In order to help your fiancee, you'll need to have his Alien Registration Number so you can call the local ICE office and keep track of him. The immigration authorities may move him to another detention facility in York PA or Willacy Texas or other location once he has been processed in Baltimore.

    In the worst case scenario, if your fiancee is required to depart the United States, you can marry him abroad and apply for his visa and a waiver of the inadmissibility.

    Ideally, you'll involve an experienced immigration attorney who regularly represents clients before the Immigration Court to develop all options of having your fiancee remain in the US and/or avoiding permanent consequences if has to depart.

    Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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  2. Ricky Malik

    Contributor Level 13

    Answered . If you pay the criminal bond, ICE has to execute the detainer in 48 hours, meaning they will have to pick him up and take custody of him. If ICE does not, he can be released, but you will likely have to file a habeas petition for this to happen. From my experience in MD, ICE does not wait for criminal/traffic court dates, unless it is a serious charge.

    Ricky Malik, Esq.
    Greencard@mail.com

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