How do i get an ICE hold taken off my fiance?

Asked over 1 year ago - Port Orchard, WA

He was charged with a DUI. Hes illegal. Hes got one biological daughter with severe health problems. Hes got a son who's not biologically his but he calls him dad. the son doesn't know hes not his dad. the children are not with me. they're with his ex. he provides them with everything they need. he has them half of the time. the mother has mental health issues and cant do it on her own. hes in college. he has a place to live. he is on L&I so he has income. he has never been in trouble here. this is his first. we plan to get married soon. we need him out.

Attorney answers (6)

  1. Alexander Joseph Segal

    Contributor Level 20

    10

    Lawyers agree

    Answered . You start by having with a local immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Chong Hae Ye

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Speak to an immigration attorney with the details of your case. An immigration attorney could discuss your options.

    The information on this website is not intended to be legal advice.
  3. Greg McLawsen

    Contributor Level 11

    4

    Lawyers agree

    Answered . The other attorneys are correct - these situations really require collaboration between a criminal attorney and and immigration attorney. When I work on cases in Kitsap with the public defender, as an immigration attorney it's my job to help the criminal attorney find the solution that will do the least harm to the immigration case. It may not be possible to get the hold removed. The immigration attorney would need to get a bond in immigration court

    Please do not rely on this general information without consulting an attorney. There may be facts about your... more
  4. Obadan Unuigbojie Iziokhai

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . I agree. See an immigration attorney to review his case and advise him accordingly.

  5. Lynne Rogers Feldman

    Contributor Level 18

    4

    Lawyers agree

    Answered . Get a Washington immigration attorney to counsel with him and to coordinate with his criminal attorney. Tell him to make sure to tell his criminal attorney of possible immigration consequences to any plea and have the two attorneys talk to each other. His immigration attorney can counsel him on any relief or prosecutorial discretion he may be entitled to based on the equities such as you have indicated.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  6. Elizabeth Hallock

    Contributor Level 9

    Answered . I agree you will need help from an immigration attorney as well as criminal defense. Regardless of whether or not your fiance is guilty of DUI, he will have to post a bond to get out of ICE custody. It is very important that he not sign any paperwork without the presence of an attorney. A criminal attorney must advise him that any plea he makes may affect his immigration status, and that immigration courts determine what a 'conviction' is for immigration purposes differently than state courts. He may still have a chance to cancel removal if he's been here long enough, but his conviction may affect this option, especially if it will prevent him from showing the good moral character required for US citizenship. Once deportation or even voluntary removal is on his record, it may be very hard to return.
    Liz Hallock, Vancouver, WA

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and immigration status

If you are not a US Citizen, a DUI may impact your immigration application, and in severe cases may lead to deportation.

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