My friend's husband is an "illegal" immigrant from Mexico who immigrated at the age of 6. He is now 23. They got married 6 months ago. He does construction by the miami international airport. He rides home in a van with a bunch of other illegals. Today they were picked up. Will her husband be deported? Is there anything that can be done to prevent this? She and her husband are 23 years old and are not high earners so what can be done?
Why didn't he file for DACA????
Hire him a lawyer.
If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/
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Your friend should contact an Immigration Attorney ASAP. If they cannot afford an attorney they can contact the local legal aid office to see if they qualify for their services.
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PLEASE LOOK INTO DACA. And just to get you started……see if he meets requirements below.
1.) One must have been under the age of 31 as of June 15, 2012.
2.) Came to United States before reaching their 16th birthday.
3.) Have continuously resided in the U.S. since June 15, 2007 until the present time.
4.) One must have been physically present in the U.S. on June 15, 2012 and at the time of making the request for consideration of deferred action with USCIS.
5.) Entered without inspection before June 15, 2012, or, their lawful immigration status must have expired as of June 15, 2012.
6.) Is currently in school, has graduated, obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
7.) And, has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.
It sounds like he may qualify for DACA. He should hire an immigration attorney as soon as possible to assist him.
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Assuming he is "illegal" he is subject to deportation on that ground alone. Whether he will be deported will depend on the specific facts of his case. Assuming he graduated from high school or has a GED then it would appear he is eligible for benefits under the DACA program. Your friend's wife needs to consult with an experienced immigration attorney without delay.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
It appears your friend's husband may be eligible for Deferred Action for Childhood Arrivals ("DACA"). I would suggest contacting an immigration attorney immediately to determine eligibility for DACA benefits.
Criminal Defense Attorney
Your friend needs an attorney yesterday.
Your friend's husband needs to contact an immigration attorney immediately. The attorney will determine whether he's deportable and whether he has any basis for relief. If he arrived in the United States as a child, graduated from high school or obtained a GED, he may be eligible for benefits under DACA.